Rep. Barbara Flynn Currie
Filed: 6/30/2016
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| 1 | AMENDMENT TO SENATE BILL 1810
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1810 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "ARTICLE 1. SHORT TITLE; PURPOSE | ||||||
| 5 | Section 1-1. Short title. This Act may be cited as the | ||||||
| 6 | FY2017 Stopgap Budget Implementation Act.
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| 7 | Section 1-5. Purpose. It is the purpose of this Act to make | ||||||
| 8 | changes in State programs that are necessary to implement the | ||||||
| 9 | Governor's Fiscal Year 2017 stopgap budget recommendations.
| ||||||
| 10 | ARTICLE 5. AMENDATORY PROVISIONS | ||||||
| 11 | Section 5-5. The Illinois Lottery Law is amended by | ||||||
| 12 | changing Section 7.12 as follows:
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| 1 | (20 ILCS 1605/7.12) | ||||||
| 2 | Sec. 7.12. Internet pilot program. | ||||||
| 3 | (a) The General Assembly finds that: | ||||||
| 4 | (1) the consumer market in Illinois has changed since | ||||||
| 5 | the creation of the Illinois State Lottery in 1974; | ||||||
| 6 | (2) the Internet has become an integral part of | ||||||
| 7 | everyday life for a significant number of Illinois | ||||||
| 8 | residents not only in regards to their professional life, | ||||||
| 9 | but also in regards to personal business and communication; | ||||||
| 10 | and | ||||||
| 11 | (3) the current practices of selling lottery tickets | ||||||
| 12 | does not appeal to the new form of market participants who | ||||||
| 13 | prefer to make purchases on the Internet at their own | ||||||
| 14 | convenience. | ||||||
| 15 | It is the intent of the General Assembly to create an | ||||||
| 16 | Internet pilot program for the sale of lottery tickets to | ||||||
| 17 | capture this new form of market participant. | ||||||
| 18 | (b) The Department shall create a pilot program that allows | ||||||
| 19 | an individual 18 years of age or older to purchase lottery | ||||||
| 20 | tickets or shares on the Internet without using a Lottery | ||||||
| 21 | retailer with on-line status, as those terms are defined by | ||||||
| 22 | rule. The Department shall restrict the sale of lottery tickets | ||||||
| 23 | on the Internet to transactions initiated and received or | ||||||
| 24 | otherwise made exclusively within the State of Illinois. The | ||||||
| 25 | Department shall adopt rules necessary for the administration | ||||||
| 26 | of this program. These rules shall include, among other things, | ||||||
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| |||||||
| 1 | requirements for marketing of the Lottery to infrequent | ||||||
| 2 | players, as well as limitations on the purchases that may be | ||||||
| 3 | made through any one individual's lottery account. The | ||||||
| 4 | provisions of this Act and the rules adopted under this Act | ||||||
| 5 | shall apply to the sale of lottery tickets or shares under this | ||||||
| 6 | program. | ||||||
| 7 | Before beginning the pilot program, the Department of the | ||||||
| 8 | Lottery must submit a request to the United States Department | ||||||
| 9 | of Justice for review of the State's plan to implement a pilot | ||||||
| 10 | program for the sale of lottery tickets on the Internet and its | ||||||
| 11 | propriety under federal law. The Department shall implement the | ||||||
| 12 | Internet pilot program only if the Department of Justice does | ||||||
| 13 | not object to the implementation of the program within a | ||||||
| 14 | reasonable period of time after its review. | ||||||
| 15 | The Department is obligated to implement the pilot program | ||||||
| 16 | set forth in this Section and Sections 7.15 and 7.16 only at | ||||||
| 17 | such time, and to such extent, that the Department of Justice | ||||||
| 18 | does not object to the implementation of the program within a | ||||||
| 19 | reasonable period of time after its review. While the Illinois | ||||||
| 20 | Lottery may only offer Lotto, Mega Millions, and Powerball | ||||||
| 21 | games through the pilot program, the Department shall request | ||||||
| 22 | review from the federal Department of Justice for the Illinois | ||||||
| 23 | Lottery to sell lottery tickets on the Internet on behalf of | ||||||
| 24 | the State of Illinois that are not limited to just these games. | ||||||
| 25 | The Department shall authorize the private manager to | ||||||
| 26 | implement and administer the program pursuant to the management | ||||||
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| 1 | agreement entered into under Section 9.1 and in a manner | ||||||
| 2 | consistent with the provisions of this Section. If a private | ||||||
| 3 | manager has not been selected pursuant to Section 9.1 at the | ||||||
| 4 | time the Department is obligated to implement the pilot | ||||||
| 5 | program, then the Department shall not proceed with the pilot | ||||||
| 6 | program until after the selection of the private manager, at | ||||||
| 7 | which time the Department shall authorize the private manager | ||||||
| 8 | to implement and administer the program pursuant to the | ||||||
| 9 | management agreement entered into under Section 9.1 and in a | ||||||
| 10 | manner consistent with the provisions of this Section. | ||||||
| 11 | The pilot program shall last for not less than 36 months, | ||||||
| 12 | but not more than 48 months from the date of its initial | ||||||
| 13 | operation. | ||||||
| 14 | Nothing in this Section shall be construed as prohibiting | ||||||
| 15 | the Department from implementing and operating a website portal | ||||||
| 16 | whereby individuals who are 18 years of age or older with an | ||||||
| 17 | Illinois mailing address may apply to purchase lottery tickets | ||||||
| 18 | via subscription. Nothing in this Section shall also be | ||||||
| 19 | construed as prohibiting the sale of Lotto, Mega Millions, and | ||||||
| 20 | Powerball games by a lottery licensee pursuant to the | ||||||
| 21 | Department's rules. | ||||||
| 22 | (c) (Blank). There is created the Internet Lottery Study | ||||||
| 23 | Committee as an advisory body within the Department. The | ||||||
| 24 | Department shall conduct a study to determine the impact of the | ||||||
| 25 | Internet pilot program on lottery licensees. The Department | ||||||
| 26 | shall also determine the feasibility of the sale of stored | ||||||
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| 1 | value cards by lottery licensees as a non-exclusive option for | ||||||
| 2 | use by individuals 18 years of age or older who purchase | ||||||
| 3 | tickets for authorized lottery games in the Internet pilot | ||||||
| 4 | program. For the purposes of this study, it is anticipated that | ||||||
| 5 | the stored value cards will have, but need not be limited to, | ||||||
| 6 | the following characteristics: (1) the cards will be available | ||||||
| 7 | only to individuals 18 years of age and older; (2) the cards | ||||||
| 8 | will be rechargeable, closed-loop cards that can only be loaded | ||||||
| 9 | with cash; (3) the cards will have unique identifying numbers | ||||||
| 10 | to be used for on-line play; (4) the cards will have on-line | ||||||
| 11 | play subtracted from the card's value; (5) the cards may have | ||||||
| 12 | on-line winnings added to them; (6) the cards will be used at | ||||||
| 13 | Lottery retailers to cash out winnings of up to $600; and (7) | ||||||
| 14 | the cards will meet all technological, programming, and | ||||||
| 15 | security requirements mandated by the Department and the | ||||||
| 16 | governing bodies of both Mega Millions and Powerball. | ||||||
| 17 | To the fullest extent possible, but subject to available | ||||||
| 18 | resources, the Department shall ensure that the study evaluates | ||||||
| 19 | and analyzes at least the following issues: | ||||||
| 20 | (1) economic benefits to the State from Internet | ||||||
| 21 | Lottery sales from stored value cards and from resulting | ||||||
| 22 | sales taxes; | ||||||
| 23 | (2) economic benefits to local governments from sales | ||||||
| 24 | taxes generated from Internet Lottery sales through stored | ||||||
| 25 | value cards; | ||||||
| 26 | (3) economic benefits to Lottery retailers from | ||||||
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| 1 | Internet Lottery sales and from ancillary retail product | ||||||
| 2 | sales in connection with the same; | ||||||
| 3 | (4) enhanced player age verification from face-to-face | ||||||
| 4 | interaction; | ||||||
| 5 | (5) enhanced control of gambling addiction from | ||||||
| 6 | face-to-face interaction; | ||||||
| 7 | (6) elimination of credit card overspending through | ||||||
| 8 | the use of stored value cards and resulting reduced debt | ||||||
| 9 | issues; | ||||||
| 10 | (7) the feasibility of the utilization of existing | ||||||
| 11 | Lottery machines to dispense stored value cards; | ||||||
| 12 | (8) the technological, programming, and security | ||||||
| 13 | requirements to make stored value cards an appropriate | ||||||
| 14 | sales alternative; and | ||||||
| 15 | (9) the cost and project time estimates for | ||||||
| 16 | implementation, including adaptation of existing Lottery | ||||||
| 17 | machines, programming, and technology enhancements and | ||||||
| 18 | impact to operations. | ||||||
| 19 | The Study Committee shall consist of the Director or his or | ||||||
| 20 | her designee; the chief executive officer of the Lottery's | ||||||
| 21 | private manager or his or her designee; a representative | ||||||
| 22 | appointed by the Governor's Office; 2 representatives of the | ||||||
| 23 | lottery licensee community appointed by the Director; one | ||||||
| 24 | representative of a statewide association representing food | ||||||
| 25 | retailers appointed by the Director; and one representative of | ||||||
| 26 | a statewide association representing retail merchants | ||||||
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| 1 | appointed by the Director. | ||||||
| 2 | Members of the Study Committee shall be appointed within 30 | ||||||
| 3 | days after the effective date of this amendatory Act of the | ||||||
| 4 | 97th General Assembly. No later than 6 months after the | ||||||
| 5 | effective date of this amendatory Act of the 97th General | ||||||
| 6 | Assembly, the Department shall provide to the members of the | ||||||
| 7 | Study Committee the proposed findings and recommendations of | ||||||
| 8 | the study in order to solicit input from the Study Committee. | ||||||
| 9 | Within 30 calendar days thereafter, the Study Committee shall | ||||||
| 10 | convene a meeting of the members to discuss the proposed | ||||||
| 11 | findings and recommendations of the study. No later than 15 | ||||||
| 12 | calendar days after meeting, the Study Committee shall submit | ||||||
| 13 | to the Department any written changes, additions, or | ||||||
| 14 | corrections the Study Committee wishes the Department to make | ||||||
| 15 | to the study. The Department shall consider the propriety of | ||||||
| 16 | and respond to each change, addition, or correction offered by | ||||||
| 17 | the Study Committee in the study. The Department shall also set | ||||||
| 18 | forth any such change, addition, or correction offered by | ||||||
| 19 | members of the Study Committee and the Department's responses | ||||||
| 20 | thereto in the appendix to the study. No later than 15 calendar | ||||||
| 21 | days after receiving the changes, additions, or corrections | ||||||
| 22 | offered by the Study Committee, the Department shall deliver | ||||||
| 23 | copies of the final study and appendices, if any, to the | ||||||
| 24 | Governor, President of the Senate, Minority Leader of the | ||||||
| 25 | Senate, Speaker of the House of Representatives, Minority | ||||||
| 26 | Leader of the House of Representatives, and each of the members | ||||||
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| 1 | of the Study Committee. | ||||||
| 2 | (d) This Section is repealed on July 1, 2017. | ||||||
| 3 | (Source: P.A. 97-464, eff. 10-15-11; 97-1121, eff. 8-27-12; | ||||||
| 4 | 98-499, eff. 8-16-13.)
| ||||||
| 5 | Section 5-7. The General Assembly Compensation Act is | ||||||
| 6 | amended
by changing Section 1 as follows:
| ||||||
| 7 | (25 ILCS 115/1) (from Ch. 63, par. 14) | ||||||
| 8 | Sec. 1. Each member of the General Assembly shall receive | ||||||
| 9 | an annual salary
of $28,000 or as set by the Compensation | ||||||
| 10 | Review Board, whichever is
greater. The
following named | ||||||
| 11 | officers, committee chairmen and committee minority spokesmen
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| 12 | shall receive additional amounts per year for
their services as | ||||||
| 13 | such officers, committee chairmen and committee
minority | ||||||
| 14 | spokesmen respectively, as set by the Compensation
Review Board | ||||||
| 15 | or, as follows, whichever is greater: Beginning the second
| ||||||
| 16 | Wednesday in January 1989, the Speaker and the minority leader | ||||||
| 17 | of the
House of Representatives and the
President and the | ||||||
| 18 | minority leader of the Senate, $16,000 each; the
majority | ||||||
| 19 | leader in the House of Representatives $13,500;
6 assistant
| ||||||
| 20 | majority leaders and 5 assistant minority leaders in the | ||||||
| 21 | Senate,
$12,000
each; 6 assistant majority leaders and 6 | ||||||
| 22 | assistant minority leaders in
the House of Representatives, | ||||||
| 23 | $10,500 each; 2 Deputy
Majority leaders in the House of | ||||||
| 24 | Representatives $11,500 each; and 2 Deputy
Minority leaders in | ||||||
| |||||||
| |||||||
| 1 | the House of Representatives, $11,500 each; the majority
caucus | ||||||
| 2 | chairman and minority caucus chairman in the Senate, $12,000 | ||||||
| 3 | each;
and beginning the second Wednesday in January, 1989, the | ||||||
| 4 | majority
conference chairman and the minority conference | ||||||
| 5 | chairman
in the House of Representatives, $10,500 each; | ||||||
| 6 | beginning
the second Wednesday in January, 1989, the chairman | ||||||
| 7 | and minority spokesman
of each standing committee of the | ||||||
| 8 | Senate, except the Rules Committee, the
Committee on | ||||||
| 9 | Committees, and the Committee on Assignment of Bills, $6,000
| ||||||
| 10 | each; and beginning the second Wednesday in January, 1989, the | ||||||
| 11 | chairman and
minority spokesman of each standing and select | ||||||
| 12 | committee of the House of
Representatives, $6,000 each. A | ||||||
| 13 | member who serves in more than one
position as an officer, | ||||||
| 14 | committee chairman, or committee minority spokesman
shall | ||||||
| 15 | receive only one additional amount based on the position paying | ||||||
| 16 | the
highest additional amount. The
compensation provided for in | ||||||
| 17 | this Section to be paid per year to members
of the General | ||||||
| 18 | Assembly, including the additional sums payable per year
to | ||||||
| 19 | officers of the General Assembly shall be paid in 12 equal | ||||||
| 20 | monthly
installments. The first such installment is payable on | ||||||
| 21 | January 31,
1977. All subsequent equal monthly installments are | ||||||
| 22 | payable on the last
working day of the month. A member who has | ||||||
| 23 | held office any part of a
month is entitled to compensation for | ||||||
| 24 | an entire month. | ||||||
| 25 | Mileage shall be paid at the rate of 20 cents per mile | ||||||
| 26 | before January
9, 1985, and at the mileage allowance rate in | ||||||
| |||||||
| |||||||
| 1 | effect under regulations
promulgated pursuant to 5 U.S.C. | ||||||
| 2 | 5707(b)(2) beginning January 9, 1985, for the number
of actual | ||||||
| 3 | highway miles necessarily and conveniently traveled by the
most | ||||||
| 4 | feasible route to be present upon convening of the sessions of | ||||||
| 5 | the
General Assembly by such member in each and every trip | ||||||
| 6 | during each
session in going to and returning from the seat of | ||||||
| 7 | government, to be
computed by the Comptroller. A member | ||||||
| 8 | traveling by public
transportation for such purposes, however, | ||||||
| 9 | shall be paid his actual cost
of that transportation instead of | ||||||
| 10 | on the mileage rate if his cost of
public transportation | ||||||
| 11 | exceeds the amount to which he would be entitled
on a mileage | ||||||
| 12 | basis. No member may be paid, whether on a mileage basis
or for | ||||||
| 13 | actual costs of public transportation, for more than one such
| ||||||
| 14 | trip for each week the General Assembly is actually in session. | ||||||
| 15 | Each
member shall also receive an allowance of $36 per day for | ||||||
| 16 | lodging and
meals while in attendance at sessions
of the | ||||||
| 17 | General Assembly before January 9, 1985; beginning January 9,
| ||||||
| 18 | 1985, such food and lodging allowance shall be equal to the | ||||||
| 19 | amount per day
permitted to be deducted for such expenses under | ||||||
| 20 | the Internal Revenue Code;
however, beginning May 31, 1995, no | ||||||
| 21 | allowance for food and lodging while in
attendance at sessions | ||||||
| 22 | is authorized for periods of time after the last day in
May of | ||||||
| 23 | each calendar year, except (i) if the General Assembly is | ||||||
| 24 | convened in
special session by either the Governor or the | ||||||
| 25 | presiding officers of both
houses, as provided by subsection | ||||||
| 26 | (b) of Section 5 of Article IV of the
Illinois Constitution or | ||||||
| |||||||
| |||||||
| 1 | (ii) if the
General Assembly is convened to consider bills | ||||||
| 2 | vetoed, item vetoed, reduced, or
returned with specific | ||||||
| 3 | recommendations for change by the Governor as provided
in | ||||||
| 4 | Section 9 of Article IV of the Illinois Constitution. For | ||||||
| 5 | fiscal year 2011 and for session days in fiscal years 2012, | ||||||
| 6 | 2013, 2014, 2015, and 2016, and 2017 only (i) the allowance for | ||||||
| 7 | lodging and meals is $111 per day and (ii) mileage for | ||||||
| 8 | automobile travel shall be reimbursed at a rate of $0.39 per | ||||||
| 9 | mile. | ||||||
| 10 | Notwithstanding any other provision of law to the contrary, | ||||||
| 11 | beginning in fiscal year 2012, travel reimbursement for
General | ||||||
| 12 | Assembly members on non-session days shall be
calculated using | ||||||
| 13 | the guidelines set forth by the Legislative
Travel Control | ||||||
| 14 | Board, except that fiscal year 2012, 2013, 2014, 2015, and | ||||||
| 15 | 2016, and 2017 mileage reimbursement is set at a rate of $0.39 | ||||||
| 16 | per mile. | ||||||
| 17 | If a member dies having received only a portion of the | ||||||
| 18 | amount payable
as compensation, the unpaid balance shall be | ||||||
| 19 | paid to the surviving
spouse of such member, or, if there be | ||||||
| 20 | none, to the estate of such member. | ||||||
| 21 | (Source: P.A. 98-30, eff. 6-24-13; 98-682, eff. 6-30-14; | ||||||
| 22 | 99-355, eff. 8-13-15.)
| ||||||
| 23 | Section 5-8. The Compensation Review Act is amended by
| ||||||
| 24 | adding Section 6.4 as follows:
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| |||||||
| |||||||
| 1 | (25 ILCS 120/6.4 new) | ||||||
| 2 | Sec. 6.4. FY17 COLAs prohibited. Notwithstanding any | ||||||
| 3 | former or current provision of this Act, any other law, any | ||||||
| 4 | report of the Compensation Review Board, or any resolution of | ||||||
| 5 | the General Assembly to the contrary, members of the General | ||||||
| 6 | Assembly, State's attorneys, other than the county supplement, | ||||||
| 7 | elected executive branch constitutional officers of State | ||||||
| 8 | government, and persons in certain appointed offices of State | ||||||
| 9 | government, including the membership of State departments, | ||||||
| 10 | agencies, boards, and commissions, whose annual compensation | ||||||
| 11 | previously was recommended or determined by the Compensation | ||||||
| 12 | Review Board, are prohibited from receiving and shall not | ||||||
| 13 | receive any increase in compensation that would otherwise apply | ||||||
| 14 | based on a cost of living adjustment, as authorized by Senate | ||||||
| 15 | Joint Resolution 192 of the 86th General Assembly, for or | ||||||
| 16 | during the fiscal year beginning July 1, 2016.
| ||||||
| 17 | Section 5-10. The State Finance Act is amended by changing | ||||||
| 18 | Sections 5k, 6z-27, 6z-51, and 8.3 as follows:
| ||||||
| 19 | (30 ILCS 105/5k) | ||||||
| 20 | Sec. 5k. Cash flow borrowing and general funds liquidity; | ||||||
| 21 | FY15. | ||||||
| 22 | (a) In order to meet cash flow deficits and to maintain | ||||||
| 23 | liquidity in the General Revenue Fund and the Health Insurance | ||||||
| 24 | Reserve Fund, on and after July 1, 2014 and through June 30, | ||||||
| |||||||
| |||||||
| 1 | 2015, the State Treasurer and the State Comptroller shall make | ||||||
| 2 | transfers to the General Revenue Fund and the Health Insurance | ||||||
| 3 | Reserve Fund, as directed by the Governor, out of special funds | ||||||
| 4 | of the State, to the extent allowed by federal law. No such | ||||||
| 5 | transfer may reduce the cumulative balance of all of the | ||||||
| 6 | special funds of the State to an amount less than the total | ||||||
| 7 | debt service payable during the 12 months immediately following | ||||||
| 8 | the date of the transfer on any bonded indebtedness of the | ||||||
| 9 | State and any certificates issued under the Short Term | ||||||
| 10 | Borrowing Act. At no time shall the outstanding total transfers | ||||||
| 11 | made from the special funds of the State to the General Revenue | ||||||
| 12 | Fund and the Health Insurance Reserve Fund under this Section | ||||||
| 13 | exceed $650,000,000; once the amount of $650,000,000 has been | ||||||
| 14 | transferred from the special funds of the State to the General | ||||||
| 15 | Revenue Fund and the Health Insurance Reserve Fund, additional | ||||||
| 16 | transfers may be made from the special funds of the State to | ||||||
| 17 | the General Revenue Fund and the Health Insurance Reserve Fund | ||||||
| 18 | under this Section only to the extent that moneys have first | ||||||
| 19 | been re-transferred from the General Revenue Fund and the | ||||||
| 20 | Health Insurance Reserve Fund to those special funds of the | ||||||
| 21 | State. Notwithstanding any other provision of this Section, no | ||||||
| 22 | such transfer may be made from any special fund that is | ||||||
| 23 | exclusively collected by or appropriated to any other | ||||||
| 24 | constitutional officer without the written approval of that | ||||||
| 25 | constitutional officer. | ||||||
| 26 | (b) If moneys have been transferred to the General Revenue | ||||||
| |||||||
| |||||||
| 1 | Fund and the Health Insurance Reserve Fund pursuant to | ||||||
| 2 | subsection (a) of this Section, this amendatory Act of the 98th | ||||||
| 3 | General Assembly shall constitute the continuing authority for | ||||||
| 4 | and direction to the State Treasurer and State Comptroller to | ||||||
| 5 | reimburse the funds of origin from the General Revenue Fund by | ||||||
| 6 | transferring to the funds of origin, at such times and in such | ||||||
| 7 | amounts as directed by the Governor when necessary to support | ||||||
| 8 | appropriated expenditures from the funds, an amount equal to | ||||||
| 9 | that transferred from them plus any interest that would have | ||||||
| 10 | accrued thereon had the transfer not occurred, except that any | ||||||
| 11 | moneys transferred pursuant to subsection (a) of this Section | ||||||
| 12 | shall be repaid to the fund of origin within 18 months after | ||||||
| 13 | the date on which they were borrowed. When any of the funds | ||||||
| 14 | from which moneys have been transferred pursuant to subsection | ||||||
| 15 | (a) have insufficient cash from which the State Comptroller may | ||||||
| 16 | make expenditures properly supported by appropriations from | ||||||
| 17 | the fund, then the State Treasurer and State Comptroller shall | ||||||
| 18 | transfer from the General Revenue Fund to the fund only such | ||||||
| 19 | amount as is immediately necessary to satisfy outstanding | ||||||
| 20 | expenditure obligations on a timely basis. | ||||||
| 21 | (c) On the first day of each quarterly period in each | ||||||
| 22 | fiscal year, until such time as a report indicates that all | ||||||
| 23 | moneys borrowed and interest pursuant to this Section have been | ||||||
| 24 | repaid, the Governor's Office of Management and Budget shall | ||||||
| 25 | provide to the President and the Minority Leader of the Senate, | ||||||
| 26 | the Speaker and the Minority Leader of the House of | ||||||
| |||||||
| |||||||
| 1 | Representatives, and the Commission on Government Forecasting | ||||||
| 2 | and Accountability a report on all transfers made pursuant to | ||||||
| 3 | this Section in the prior quarterly period. The report must be | ||||||
| 4 | provided in electronic format. The report must include all of | ||||||
| 5 | the following: | ||||||
| 6 | (1) The date each transfer was made. | ||||||
| 7 | (2) The amount of each transfer. | ||||||
| 8 | (3) In the case of a transfer from the General Revenue | ||||||
| 9 | Fund to a fund of origin pursuant to subsection (b) of this | ||||||
| 10 | Section, the amount of interest being paid to the fund of | ||||||
| 11 | origin. | ||||||
| 12 | (4) The end of day balance of the fund of
origin, the | ||||||
| 13 | General Revenue Fund and the Health Insurance Reserve Fund | ||||||
| 14 | on the date the transfer was made.
| ||||||
| 15 | (Source: P.A. 98-682, eff. 6-30-14.)
| ||||||
| 16 | (30 ILCS 105/6z-27)
| ||||||
| 17 | Sec. 6z-27. All moneys in the Audit Expense Fund shall be
| ||||||
| 18 | transferred, appropriated and used only for the purposes | ||||||
| 19 | authorized by, and
subject to the limitations and conditions | ||||||
| 20 | prescribed by, the State Auditing
Act. | ||||||
| 21 | Within 30 days after the effective date of this amendatory | ||||||
| 22 | Act of the 99th General Assembly,
the State Comptroller shall | ||||||
| 23 | order transferred and the State Treasurer shall transfer from | ||||||
| 24 | the
following funds moneys in the specified amounts for deposit | ||||||
| 25 | into the Audit Expense Fund: | ||||||
| |||||||
| |||||||
| 1 | Agricultural Premium Fund..............................19,395 | ||||||
| 2 | Anna Veterans Home Fund................................12,842 | ||||||
| 3 | Appraisal Administration Fund...........................3,740 | ||||||
| 4 | Athletics Supervision and Regulation Fund.................599 | ||||||
| 5 | Attorney General Court Ordered and Voluntary | ||||||
| 6 | Compliance Payment Projects Fund...................16,998 | ||||||
| 7 | Attorney General Whistleblower Reward and | ||||||
| 8 | Protection Fund....................................12,417 | ||||||
| 9 | Bank and Trust Company Fund............................91,273 | ||||||
| 10 | Capital Development Board Revolving Fund................2,655 | ||||||
| 11 | Care Provider Fund for Persons with a | ||||||
| 12 | Developmental Disability............................4,576 | ||||||
| 13 | Cemetery Oversight Licensing and Disciplinary Fund......5,060 | ||||||
| 14 | Chicago State University Education Improvement Fund.....4,717 | ||||||
| 15 | Child Support Administrative Fund.......................2,833 | ||||||
| 16 | Coal Technology Development Assistance Fund.............7,891 | ||||||
| 17 | Commitment to Human Services Fund......................23,860 | ||||||
| 18 | Common School Fund....................................428,811 | ||||||
| 19 | The Communications Revolving Fund.......................7,163 | ||||||
| 20 | The Community Association Manager | ||||||
| 21 | Licensing and Disciplinary Fund.......................817 | ||||||
| 22 | Community Mental Health Medicaid Trust Fund............10,761 | ||||||
| 23 | Credit Union Fund......................................17,533 | ||||||
| 24 | Cycle Rider Safety Training Fund..........................589 | ||||||
| 25 | DCFS Children's Services Fund.........................249,796 | ||||||
| 26 | Department of Business Services
Special Operations Fund.3,354 | ||||||
| |||||||
| |||||||
| 1 | Department of Corrections Reimbursement | ||||||
| 2 | and Education
Fund.................................16,949 | ||||||
| 3 | Department of Human Services Community Services Fund......821 | ||||||
| 4 | Design Professionals Administration | ||||||
| 5 | and Investigation Fund..............................3,768 | ||||||
| 6 | Digital Divide Elimination Fund.........................2,087 | ||||||
| 7 | The Downstate Public Transportation Fund...............23,216 | ||||||
| 8 | Driver Services Administration Fund.......................820 | ||||||
| 9 | Drivers Education Fund..................................1,221 | ||||||
| 10 | Drug Rebate Fund.......................................10,020 | ||||||
| 11 | Education Assistance Fund...........................1,594,645 | ||||||
| 12 | Electronic Health Record Incentive Fund.................1,090 | ||||||
| 13 | Energy Efficiency Portfolio Standards Fund.............37,275 | ||||||
| 14 | Estate Tax Refund Fund..................................1,242 | ||||||
| 15 | Facilities Management Revolving Fund...................13,526 | ||||||
| 16 | Fair and Exposition Fund..................................826 | ||||||
| 17 | Federal Asset Forfeiture Fund...........................1,094 | ||||||
| 18 | Federal High Speed Rail Trust Fund.....................29,251 | ||||||
| 19 | Federal Workforce Training Fund........................86,488 | ||||||
| 20 | Feed Control Fund.......................................1,479 | ||||||
| 21 | Fertilizer Control Fund...................................929 | ||||||
| 22 | The Fire Prevention Fund..............................114,348 | ||||||
| 23 | Fund for the Advancement of Education..................13,642 | ||||||
| 24 | General Professions Dedicated Fund.....................24,725 | ||||||
| 25 | General Revenue Fund...............................17,051,839 | ||||||
| 26 | Grade Crossing Protection Fund..........................6,588 | ||||||
| |||||||
| |||||||
| 1 | Health and Human Services
Medicaid Trust Fund...........4,153 | ||||||
| 2 | Healthcare Provider Relief Fund.......................106,645 | ||||||
| 3 | Hospital Provider Fund.................................36,223 | ||||||
| 4 | Illinois Affordable Housing Trust Fund..................5,592 | ||||||
| 5 | Illinois Capital Revolving Loan Fund......................627 | ||||||
| 6 | Illinois Charity Bureau Fund............................3,403 | ||||||
| 7 | Illinois Gaming Law Enforcement Fund....................1,885 | ||||||
| 8 | Illinois Standardbred Breeders Fund.......................946 | ||||||
| 9 | Illinois State Dental Disciplinary Fund.................4,382 | ||||||
| 10 | Illinois State Fair Fund................................6,727 | ||||||
| 11 | Illinois State Medical Disciplinary Fund...............15,709 | ||||||
| 12 | Illinois State Pharmacy Disciplinary Fund...............5,619 | ||||||
| 13 | Illinois Thoroughbred Breeders Fund.....................1,172 | ||||||
| 14 | Illinois Veterans Assistance Fund.......................8,519 | ||||||
| 15 | Illinois Veterans' Rehabilitation Fund....................658 | ||||||
| 16 | Illinois Workers' Compensation
Commission | ||||||
| 17 | Operations Fund.....................................2,849 | ||||||
| 18 | IMSA Income Fund.......................................11,085 | ||||||
| 19 | Income Tax Refund Fund................................170,345 | ||||||
| 20 | Insurance Financial Regulation Fund....................94,108 | ||||||
| 21 | Insurance Premium Tax Refund Fund......................13,251 | ||||||
| 22 | Insurance Producer Administration Fund.................86,750 | ||||||
| 23 | International Tourism Fund..............................2,578 | ||||||
| 24 | LaSalle Veterans Home Fund.............................42,416 | ||||||
| 25 | LEADS Maintenance Fund..................................1,223 | ||||||
| 26 | Live and Learn Fund.....................................6,473 | ||||||
| |||||||
| |||||||
| 1 | The Local Government Distributive Fund................106,860 | ||||||
| 2 | Local Tourism Fund......................................9,144 | ||||||
| 3 | Long-Term Care Provider Fund............................5,951 | ||||||
| 4 | Manteno Veterans Home Fund.............................73,818 | ||||||
| 5 | Medical Interagency Program Fund..........................811 | ||||||
| 6 | Medical Special Purposes Trust Fund.......................521 | ||||||
| 7 | Mental Health Fund......................................4,704 | ||||||
| 8 | Motor Carrier Safety Inspection Fund....................2,188 | ||||||
| 9 | The Motor Fuel Tax Fund................................73,255 | ||||||
| 10 | Motor Vehicle License Plate Fund........................3,976 | ||||||
| 11 | Nursing Dedicated and Professional Fund.................9,858 | ||||||
| 12 | Optometric Licensing and Disciplinary Board Fund........1,382 | ||||||
| 13 | Partners for Conservation Fund..........................8,083 | ||||||
| 14 | Pawnbroker Regulation Fund................................853 | ||||||
| 15 | The Personal Property Tax Replacement Fund............105,572 | ||||||
| 16 | Pesticide Control Fund..................................5,634 | ||||||
| 17 | Professional Services Fund................................726 | ||||||
| 18 | Professions Indirect Cost Fund........................140,237 | ||||||
| 19 | Public Pension Regulation Fund.........................10,026 | ||||||
| 20 | The Public Transportation Fund.........................61,189 | ||||||
| 21 | Quincy Veterans Home Fund..............................88,224 | ||||||
| 22 | Real Estate License Administration Fund................23,587 | ||||||
| 23 | Registered Certified Public Accountants' | ||||||
| 24 | Administration and Disciplinary Fund................1,370 | ||||||
| 25 | Renewable Energy Resources Trust Fund...................1,689 | ||||||
| 26 | Residential Finance Regulatory Fund....................12,638 | ||||||
| |||||||
| |||||||
| 1 | The Road Fund.........................................332,667 | ||||||
| 2 | Regional Transportation Authority | ||||||
| 3 | Occupation and Use Tax
Replacement Fund.............2,526 | ||||||
| 4 | Savings Bank Regulatory Fund..............................851 | ||||||
| 5 | School Infrastructure Fund..............................4,852 | ||||||
| 6 | Secretary of State DUI Administration Fund................544 | ||||||
| 7 | Secretary of State Identification Security | ||||||
| 8 | and Theft Prevention Fund...........................1,645 | ||||||
| 9 | Secretary of State
Special License Plate Fund...........1,203 | ||||||
| 10 | Secretary of State
Special Services Fund................6,197 | ||||||
| 11 | Securities Audit and Enforcement Fund...................2,793 | ||||||
| 12 | Solid Waste Management Fund.............................1,262 | ||||||
| 13 | Special Education Medicaid Matching Fund................2,217 | ||||||
| 14 | State and Local Sales Tax Reform Fund...................5,177 | ||||||
| 15 | State Asset Forfeiture Fund.............................1,945 | ||||||
| 16 | State Construction Account Fund........................67,375 | ||||||
| 17 | State Crime Laboratory Fund...............................566 | ||||||
| 18 | State Gaming Fund.....................................246,099 | ||||||
| 19 | The State Garage Revolving Fund.........................3,606 | ||||||
| 20 | The State Lottery Fund................................201,779 | ||||||
| 21 | State Offender DNA Identification System
Fund...........2,246 | ||||||
| 22 | State Pensions Fund...................................500,000 | ||||||
| 23 | State Police DUI Fund...................................1,560 | ||||||
| 24 | State Police Firearm Services Fund......................6,152 | ||||||
| 25 | State Police Services Fund.............................19,425 | ||||||
| 26 | State Police Vehicle Fund...............................6,991 | ||||||
| |||||||
| |||||||
| 1 | State Police Whistleblower Reward and Protection Fund...4,430 | ||||||
| 2 | State Police Wireless
Service Emergency Fund..............894 | ||||||
| 3 | The Statistical Services Revolving Fund................10,266 | ||||||
| 4 | Supplemental Low-Income Energy Assistance
Fund.........67,729 | ||||||
| 5 | Tax Compliance and Administration Fund..................1,145 | ||||||
| 6 | Tobacco Settlement Recovery Fund........................3,199 | ||||||
| 7 | Tourism Promotion Fund.................................42,906 | ||||||
| 8 | Traffic and Criminal Conviction Surcharge Fund..........4,885 | ||||||
| 9 | Underground Storage Tank Fund..........................19,316 | ||||||
| 10 | University of Illinois Hospital Services Fund...........2,862 | ||||||
| 11 | The Vehicle Inspection Fund...............................909 | ||||||
| 12 | Violent Crime Victims Assistance Fund..................13,828 | ||||||
| 13 | Weights and Measures Fund...............................4,826 | ||||||
| 14 | The Working Capital Revolving Fund.....................30,401 | ||||||
| 15 | Within 30 days after July 14, 2015 (the effective date of | ||||||
| 16 | Public Act 99-38) this amendatory Act of the 99th General | ||||||
| 17 | Assembly,
the State Comptroller shall order transferred and the | ||||||
| 18 | State Treasurer shall transfer from the
following funds moneys | ||||||
| 19 | in the specified amounts for deposit into the Audit Expense | ||||||
| 20 | Fund: | ||||||
| 21 | African-American HIV/AIDS Response Fund.................2,333 | ||||||
| 22 | Agricultural Premium Fund.............................141,245 | ||||||
| 23 | Assisted Living and Shared Housing Regulatory Fund......1,146 | ||||||
| 24 | Capital Development Board Revolving Fund................1,473 | ||||||
| 25 | Care Provider Fund for Persons with | ||||||
| 26 | a Developmental Disability........................13,520 | ||||||
| |||||||
| |||||||
| 1 | Carolyn Adams Ticket For The Cure Grant Fund..............632 | ||||||
| 2 | CD LIS/ AAMV Anet/NMVTIS Trust Fund.......................587 | ||||||
| 3 | Chicago State University Education Improvement Fund.....9,881 | ||||||
| 4 | Child Support Administrative Fund.......................5,192 | ||||||
| 5 | Common School Fund....................................255,306 | ||||||
| 6 | The Communications Revolving Fund......................14,823 | ||||||
| 7 | Community Mental Health Medicaid Trust Fund............43,141 | ||||||
| 8 | Death Certificate Surcharge Fund........................2,596 | ||||||
| 9 | Death Penalty Abolition Fund..............................864 | ||||||
| 10 | Department of Business Services Special Operations Fund.9,484 | ||||||
| 11 | Department of Human Services Community Services Fund....6,131 | ||||||
| 12 | The Downstate Public Transportation Fund................7,975 | ||||||
| 13 | Drug Rebate Fund.......................................16,022 | ||||||
| 14 | Drug Treatment Fund.....................................1,392 | ||||||
| 15 | Drunk and Drugged Driving Prevention Fund.................772 | ||||||
| 16 | The Education Assistance Fund.......................1,587,191 | ||||||
| 17 | Electronic Health Record Incentive Fund.................4,196 | ||||||
| 18 | Emergency Public Health Fund............................8,501 | ||||||
| 19 | EMS Assistance Fund.......................................796 | ||||||
| 20 | Estate Tax Refund Fund..................................1,792 | ||||||
| 21 | Facilities Management Revolving Fund...................22,122 | ||||||
| 22 | Facility Licensing Fund.................................4,655 | ||||||
| 23 | Fair and Exposition Fund................................5,440 | ||||||
| 24 | Federal High Speed Rail Trust Fund......................6,789 | ||||||
| 25 | Feed Control Fund.......................................5,082 | ||||||
| 26 | Fertilizer Control Fund.................................6,041 | ||||||
| |||||||
| |||||||
| 1 | The Fire Prevention Fund................................4,653 | ||||||
| 2 | Food and Drug Safety Fund...............................1,636 | ||||||
| 3 | General Professions Dedicated Fund......................3,296 | ||||||
| 4 | The General Revenue Fund...........................17,190,905 | ||||||
| 5 | Grade Crossing Protection Fund..........................1,134 | ||||||
| 6 | Health and Human Services Medicaid Trust Fund..........14,252 | ||||||
| 7 | Health Facility Plan Review Fund........................3,355 | ||||||
| 8 | Healthcare Provider Relief Fund.......................220,261 | ||||||
| 9 | Healthy Smiles Fund.......................................694 | ||||||
| 10 | Home Care Services Agency Licensure Fund................1,383 | ||||||
| 11 | Hospital Provider Fund.................................77,300 | ||||||
| 12 | ICJIA Violence Prevention Fund..........................2,370 | ||||||
| 13 | Illinois Affordable Housing Trust Fund..................6,609 | ||||||
| 14 | Illinois Department of Agriculture | ||||||
| 15 | Laboratory Services
Revolving Fund.................3,386 | ||||||
| 16 | Illinois Health Facilities Planning Fund................3,582 | ||||||
| 17 | Illinois School Asbestos Abatement Fund.................1,742 | ||||||
| 18 | Illinois Standardbred Breeders Fund.....................7,697 | ||||||
| 19 | Illinois State Fair Fund...............................40,283 | ||||||
| 20 | Illinois Thoroughbred Breeders Fund....................11,711 | ||||||
| 21 | Illinois Veterans' Rehabilitation Fund..................2,084 | ||||||
| 22 | Illinois Workers' Compensation Commission | ||||||
| 23 | Operations Fund..................................182,586 | ||||||
| 24 | IMSA Income Fund........................................7,840 | ||||||
| 25 | Income Tax Refund Fund.................................62,221 | ||||||
| 26 | Lead Poisoning Screening, Prevention, and Abatement Fund.4,507 | ||||||
| |||||||
| |||||||
| 1 | Live and Learn Fund....................................18,652 | ||||||
| 2 | Lobbyist Registration Administration Fund.................623 | ||||||
| 3 | The Local Government Distributive Fund.................35,569 | ||||||
| 4 | Long Term Care Monitor/Receiver Fund...................24,533 | ||||||
| 5 | Long-Term Care Provider Fund...........................15,559 | ||||||
| 6 | Low-Level Radioactive Waste Facility | ||||||
| 7 | Development and
Operation Fund.....................1,286 | ||||||
| 8 | Mandatory Arbitration Fund..............................2,978 | ||||||
| 9 | Medical Interagency Program Fund........................2,120 | ||||||
| 10 | Medical Special Purposes Trust Fund.....................1,829 | ||||||
| 11 | Mental Health Fund.....................................10,964 | ||||||
| 12 | Metabolic Screening and Treatment Fund.................28,495 | ||||||
| 13 | Monitoring Device Driving Permit Administration Fee Fund.1,021 | ||||||
| 14 | The Motor Fuel Tax Fund................................27,802 | ||||||
| 15 | Motor Vehicle License Plate Fund.......................10,715 | ||||||
| 16 | Motor Vehicle Theft Prevention Trust Fund..............10,219 | ||||||
| 17 | Multiple Sclerosis Research Fund........................2,552 | ||||||
| 18 | Nuclear Safety Emergency Preparedness Fund.............31,006 | ||||||
| 19 | Nursing Dedicated and Professional Fund.................2,350 | ||||||
| 20 | Partners for Conservation Fund.........................69,830 | ||||||
| 21 | The Personal Property Tax Replacement Fund.............36,349 | ||||||
| 22 | Pesticide Control Fund.................................32,100 | ||||||
| 23 | Plumbing Licensure and Program Fund.....................2,237 | ||||||
| 24 | Professional Services Fund..............................1,177 | ||||||
| 25 | Public Health Laboratory Services Revolving Fund........5,556 | ||||||
| 26 | The Public Transportation Fund.........................20,547 | ||||||
| |||||||
| |||||||
| 1 | Radiation Protection Fund..............................12,033 | ||||||
| 2 | The Road Fund.........................................153,257 | ||||||
| 3 | Regional Transportation Authority | ||||||
| 4 | Occupation and Use Tax
Replacement Fund..............799 | ||||||
| 5 | School Infrastructure Fund..............................5,976 | ||||||
| 6 | Secretary of State DUI Administration Fund..............1,767 | ||||||
| 7 | Secretary of State Identification | ||||||
| 8 | Security and Theft
Prevention Fund.................2,551 | ||||||
| 9 | Secretary of State Special License Plate Fund...........3,483 | ||||||
| 10 | Secretary of State Special Services Fund...............21,708 | ||||||
| 11 | Securities Audit and Enforcement Fund...................5,637 | ||||||
| 12 | Securities Investors Education Fund.......................894 | ||||||
| 13 | Special Education Medicaid Matching Fund................4,648 | ||||||
| 14 | State and Local Sales Tax Reform Fund...................1,651 | ||||||
| 15 | State Construction Account Fund........................27,868 | ||||||
| 16 | The State Garage Revolving Fund.........................7,320 | ||||||
| 17 | The State Lottery Fund................................398,712 | ||||||
| 18 | State Pensions Fund...................................500,000 | ||||||
| 19 | The Statistical Services Revolving Fund................17,481 | ||||||
| 20 | Supreme Court Historic Preservation Fund...............28,000 | ||||||
| 21 | Tanning Facility Permit Fund..............................549 | ||||||
| 22 | Tobacco Settlement Recovery Fund.......................30,438 | ||||||
| 23 | Trauma Center Fund.....................................10,050 | ||||||
| 24 | University of Illinois Hospital Services Fund...........9,247 | ||||||
| 25 | The Vehicle Inspection Fund.............................2,810 | ||||||
| 26 | Weights and Measures Fund..............................31,534 | ||||||
| |||||||
| |||||||
| 1 | The Working Capital Revolving Fund....................15,960
| ||||||
| 2 | Notwithstanding any provision of the law to the contrary, | ||||||
| 3 | the General
Assembly hereby authorizes the use of such funds | ||||||
| 4 | for the purposes set forth
in this Section.
| ||||||
| 5 | These provisions do not apply to funds classified by the | ||||||
| 6 | Comptroller
as federal trust funds or State trust funds. The | ||||||
| 7 | Audit Expense Fund may
receive transfers from those trust funds | ||||||
| 8 | only as directed herein, except
where prohibited by the terms | ||||||
| 9 | of the trust fund agreement. The Auditor
General shall notify | ||||||
| 10 | the trustees of those funds of the estimated cost of
the audit | ||||||
| 11 | to be incurred under the Illinois State Auditing Act for the
| ||||||
| 12 | fund. The trustees of those funds shall direct the State | ||||||
| 13 | Comptroller and
Treasurer to transfer the estimated amount to | ||||||
| 14 | the Audit Expense Fund.
| ||||||
| 15 | The Auditor General may bill entities that are not subject | ||||||
| 16 | to the above
transfer provisions, including private entities, | ||||||
| 17 | related organizations and
entities whose funds are | ||||||
| 18 | locally-held, for the cost of audits, studies, and
| ||||||
| 19 | investigations incurred on their behalf. Any revenues received | ||||||
| 20 | under this
provision shall be deposited into the Audit Expense | ||||||
| 21 | Fund.
| ||||||
| 22 | In the event that moneys on deposit in any fund are | ||||||
| 23 | unavailable, by
reason of deficiency or any other reason | ||||||
| 24 | preventing their lawful
transfer, the State Comptroller shall | ||||||
| 25 | order transferred
and the State Treasurer shall transfer the | ||||||
| 26 | amount deficient or otherwise
unavailable from the General | ||||||
| |||||||
| |||||||
| 1 | Revenue Fund for deposit into the Audit Expense
Fund.
| ||||||
| 2 | On or before December 1, 1992, and each December 1 | ||||||
| 3 | thereafter, the
Auditor General shall notify the Governor's | ||||||
| 4 | Office of Management
and Budget (formerly Bureau of the Budget)
| ||||||
| 5 | of the amount
estimated to be necessary to pay for audits, | ||||||
| 6 | studies, and investigations in
accordance with the Illinois | ||||||
| 7 | State Auditing Act during the next succeeding
fiscal year for | ||||||
| 8 | each State fund for which a transfer or reimbursement is
| ||||||
| 9 | anticipated.
| ||||||
| 10 | Beginning with fiscal year 1994 and during each fiscal year | ||||||
| 11 | thereafter,
the Auditor General may direct the State | ||||||
| 12 | Comptroller and Treasurer to
transfer moneys from funds | ||||||
| 13 | authorized by the General Assembly for that
fund. In the event | ||||||
| 14 | funds, including federal and State trust funds but
excluding | ||||||
| 15 | the General Revenue Fund, are transferred, during fiscal year | ||||||
| 16 | 1994
and during each fiscal year thereafter, in excess of the | ||||||
| 17 | amount to pay actual
costs attributable to audits, studies, and | ||||||
| 18 | investigations as permitted or
required by the Illinois State | ||||||
| 19 | Auditing Act or specific action of the General
Assembly, the | ||||||
| 20 | Auditor General shall, on September 30, or as soon thereafter | ||||||
| 21 | as
is practicable, direct the State Comptroller and Treasurer | ||||||
| 22 | to transfer the
excess amount back to the fund from which it | ||||||
| 23 | was originally transferred.
| ||||||
| 24 | (Source: P.A. 98-270, eff. 8-9-13; 98-676, eff. 6-30-14; 99-38, | ||||||
| 25 | eff. 7-14-15.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/6z-51)
| ||||||
| 2 | Sec. 6z-51. Budget Stabilization Fund.
| ||||||
| 3 | (a) The Budget Stabilization Fund, a special fund in the | ||||||
| 4 | State Treasury,
shall consist of moneys appropriated or | ||||||
| 5 | transferred to that Fund, as provided
in Section 6z-43 and as | ||||||
| 6 | otherwise provided by law.
All earnings on Budget Stabilization | ||||||
| 7 | Fund investments shall be deposited into
that Fund.
| ||||||
| 8 | (b) The State Comptroller may direct the State Treasurer to | ||||||
| 9 | transfer moneys
from the Budget Stabilization Fund to the | ||||||
| 10 | General Revenue Fund in order to meet
cash flow deficits | ||||||
| 11 | resulting from timing variations between disbursements
and the | ||||||
| 12 | receipt
of funds within a fiscal year. Any moneys so borrowed | ||||||
| 13 | in any fiscal year other than Fiscal Year 2011 shall be repaid | ||||||
| 14 | by June
30 of the fiscal year in which they were borrowed.
Any | ||||||
| 15 | moneys so borrowed in Fiscal Year 2011 shall be repaid no later | ||||||
| 16 | than July 15, 2011.
| ||||||
| 17 | (c) During Fiscal Year 2017 only, amounts may be expended | ||||||
| 18 | from the Budget Stabilization Fund only pursuant to specific | ||||||
| 19 | authorization by appropriation. Any moneys expended pursuant | ||||||
| 20 | to appropriation shall not be subject to repayment. | ||||||
| 21 | (Source: P.A. 97-44, eff. 6-28-11.)
| ||||||
| 22 | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) | ||||||
| 23 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
| 24 | State of
Illinois incurs any bonded indebtedness for the | ||||||
| 25 | construction of
permanent highways, be set aside and used for | ||||||
| |||||||
| |||||||
| 1 | the purpose of paying and
discharging annually the principal | ||||||
| 2 | and interest on that bonded
indebtedness then due and payable, | ||||||
| 3 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
| 4 | after the payment of principal and
interest on that bonded | ||||||
| 5 | indebtedness then annually due shall be used as
follows: | ||||||
| 6 | first -- to pay the cost of administration of Chapters | ||||||
| 7 | 2 through 10 of
the Illinois Vehicle Code, except the cost | ||||||
| 8 | of administration of Articles I and
II of Chapter 3 of that | ||||||
| 9 | Code; and | ||||||
| 10 | secondly -- for expenses of the Department of | ||||||
| 11 | Transportation for
construction, reconstruction, | ||||||
| 12 | improvement, repair, maintenance,
operation, and | ||||||
| 13 | administration of highways in accordance with the
| ||||||
| 14 | provisions of laws relating thereto, or for any purpose | ||||||
| 15 | related or
incident to and connected therewith, including | ||||||
| 16 | the separation of grades
of those highways with railroads | ||||||
| 17 | and with highways and including the
payment of awards made | ||||||
| 18 | by the Illinois Workers' Compensation Commission under the | ||||||
| 19 | terms of
the Workers' Compensation Act or Workers' | ||||||
| 20 | Occupational Diseases Act for
injury or death of an | ||||||
| 21 | employee of the Division of Highways in the
Department of | ||||||
| 22 | Transportation; or for the acquisition of land and the
| ||||||
| 23 | erection of buildings for highway purposes, including the | ||||||
| 24 | acquisition of
highway right-of-way or for investigations | ||||||
| 25 | to determine the reasonably
anticipated future highway | ||||||
| 26 | needs; or for making of surveys, plans,
specifications and | ||||||
| |||||||
| |||||||
| 1 | estimates for and in the construction and maintenance
of | ||||||
| 2 | flight strips and of highways necessary to provide access | ||||||
| 3 | to military
and naval reservations, to defense industries | ||||||
| 4 | and defense-industry
sites, and to the sources of raw | ||||||
| 5 | materials and for replacing existing
highways and highway | ||||||
| 6 | connections shut off from general public use at
military | ||||||
| 7 | and naval reservations and defense-industry sites, or for | ||||||
| 8 | the
purchase of right-of-way, except that the State shall | ||||||
| 9 | be reimbursed in
full for any expense incurred in building | ||||||
| 10 | the flight strips; or for the
operating and maintaining of | ||||||
| 11 | highway garages; or for patrolling and
policing the public | ||||||
| 12 | highways and conserving the peace; or for the operating | ||||||
| 13 | expenses of the Department relating to the administration | ||||||
| 14 | of public transportation programs; or, during fiscal year | ||||||
| 15 | 2012 only, for the purposes of a grant not to exceed | ||||||
| 16 | $8,500,000 to the Regional Transportation Authority on | ||||||
| 17 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 18 | expenses; or, during fiscal year 2013 only, for the | ||||||
| 19 | purposes of a grant not to exceed $3,825,000 to the | ||||||
| 20 | Regional Transportation Authority on behalf of PACE for the | ||||||
| 21 | purpose of ADA/Para-transit expenses; or, during fiscal | ||||||
| 22 | year 2014 only, for the purposes of a grant not to exceed | ||||||
| 23 | $3,825,000 to the Regional Transportation Authority on | ||||||
| 24 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 25 | expenses; or, during fiscal year 2015 only, for the | ||||||
| 26 | purposes of a grant not to exceed $3,825,000 to the | ||||||
| |||||||
| |||||||
| 1 | Regional Transportation Authority on behalf of PACE for the | ||||||
| 2 | purpose of ADA/Para-transit expenses; or, during fiscal | ||||||
| 3 | year 2016 only, for the purposes of a grant not to exceed | ||||||
| 4 | $3,825,000 to the Regional Transportation Authority on | ||||||
| 5 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 6 | expenses; or, during fiscal year 2017 only, for the | ||||||
| 7 | purposes of a grant not to exceed $3,825,000 to the | ||||||
| 8 | Regional Transportation Authority on behalf of PACE for the | ||||||
| 9 | purpose of ADA/Para-transit expenses; or for any of
those | ||||||
| 10 | purposes or any other purpose that may be provided by law. | ||||||
| 11 | Appropriations for any of those purposes are payable from | ||||||
| 12 | the Road
Fund. Appropriations may also be made from the Road | ||||||
| 13 | Fund for the
administrative expenses of any State agency that | ||||||
| 14 | are related to motor
vehicles or arise from the use of motor | ||||||
| 15 | vehicles. | ||||||
| 16 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
| 17 | Fund monies
shall be appropriated to the following Departments | ||||||
| 18 | or agencies of State
government for administration, grants, or | ||||||
| 19 | operations; but this
limitation is not a restriction upon | ||||||
| 20 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 21 | eligible for federal reimbursement; | ||||||
| 22 | 1. Department of Public Health; | ||||||
| 23 | 2. Department of Transportation, only with respect to | ||||||
| 24 | subsidies for
one-half fare Student Transportation and | ||||||
| 25 | Reduced Fare for Elderly, except during fiscal year 2012 | ||||||
| 26 | only when no more than $40,000,000 may be expended and | ||||||
| |||||||
| |||||||
| 1 | except during fiscal year 2013 only when no more than | ||||||
| 2 | $17,570,300 may be expended and except during fiscal year | ||||||
| 3 | 2014 only when no more than $17,570,000 may be expended and | ||||||
| 4 | except during fiscal year 2015 only when no more than | ||||||
| 5 | $17,570,000 may be expended and except during fiscal year | ||||||
| 6 | 2016 only when no more than $17,570,000 may be expended and | ||||||
| 7 | except during fiscal year 2017 only when no more than | ||||||
| 8 | $17,570,000 may be expended; | ||||||
| 9 | 3. Department of Central Management
Services, except | ||||||
| 10 | for expenditures
incurred for group insurance premiums of | ||||||
| 11 | appropriate personnel; | ||||||
| 12 | 4. Judicial Systems and Agencies. | ||||||
| 13 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
| 14 | Fund monies
shall be appropriated to the following Departments | ||||||
| 15 | or agencies of State
government for administration, grants, or | ||||||
| 16 | operations; but this
limitation is not a restriction upon | ||||||
| 17 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 18 | eligible for federal reimbursement: | ||||||
| 19 | 1. Department of State Police, except for expenditures | ||||||
| 20 | with
respect to the Division of Operations; | ||||||
| 21 | 2. Department of Transportation, only with respect to | ||||||
| 22 | Intercity Rail
Subsidies, except during fiscal year 2012 | ||||||
| 23 | only when no more than $40,000,000 may be expended and | ||||||
| 24 | except during fiscal year 2013 only when no more than | ||||||
| 25 | $26,000,000 may be expended and except during fiscal year | ||||||
| 26 | 2014 only when no more than $38,000,000 may be expended and | ||||||
| |||||||
| |||||||
| 1 | except during fiscal year 2015 only when no more than | ||||||
| 2 | $42,000,000 may be expended and except during fiscal year | ||||||
| 3 | 2016 only when no more than $38,300,000 may be expended and | ||||||
| 4 | except during fiscal year 2017 only when no more than | ||||||
| 5 | $50,000,000 may be expended, and Rail Freight Services. | ||||||
| 6 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
| 7 | Fund monies
shall be appropriated to the following Departments | ||||||
| 8 | or agencies of State
government for administration, grants, or | ||||||
| 9 | operations; but this
limitation is not a restriction upon | ||||||
| 10 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 11 | eligible for federal reimbursement: Department
of Central | ||||||
| 12 | Management Services, except for awards made by
the Illinois | ||||||
| 13 | Workers' Compensation Commission under the terms of the | ||||||
| 14 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
| 15 | Act for injury or death of an employee of
the Division of | ||||||
| 16 | Highways in the Department of Transportation. | ||||||
| 17 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| 18 | Fund monies
shall be appropriated to the following Departments | ||||||
| 19 | or agencies of State
government for administration, grants, or | ||||||
| 20 | operations; but this
limitation is not a restriction upon | ||||||
| 21 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 22 | eligible for federal reimbursement: | ||||||
| 23 | 1. Department of State Police, except not more than 40% | ||||||
| 24 | of the
funds appropriated for the Division of Operations; | ||||||
| 25 | 2. State Officers. | ||||||
| 26 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| |||||||
| |||||||
| 1 | Fund monies
shall be appropriated to any Department or agency | ||||||
| 2 | of State government
for administration, grants, or operations | ||||||
| 3 | except as provided hereafter;
but this limitation is not a | ||||||
| 4 | restriction upon appropriating for those
purposes any Road Fund | ||||||
| 5 | monies that are eligible for federal
reimbursement. It shall | ||||||
| 6 | not be lawful to circumvent the above
appropriation limitations | ||||||
| 7 | by governmental reorganization or other
methods. | ||||||
| 8 | Appropriations shall be made from the Road Fund only in
| ||||||
| 9 | accordance with the provisions of this Section. | ||||||
| 10 | Money in the Road Fund shall, if and when the State of | ||||||
| 11 | Illinois
incurs any bonded indebtedness for the construction of | ||||||
| 12 | permanent
highways, be set aside and used for the purpose of | ||||||
| 13 | paying and
discharging during each fiscal year the principal | ||||||
| 14 | and interest on that
bonded indebtedness as it becomes due and | ||||||
| 15 | payable as provided in the
Transportation Bond Act, and for no | ||||||
| 16 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
| 17 | payment of
principal and interest on that bonded indebtedness | ||||||
| 18 | then annually due
shall be used as follows: | ||||||
| 19 | first -- to pay the cost of administration of Chapters | ||||||
| 20 | 2 through 10
of the Illinois Vehicle Code; and | ||||||
| 21 | secondly -- no Road Fund monies derived from fees, | ||||||
| 22 | excises, or
license taxes relating to registration, | ||||||
| 23 | operation and use of vehicles on
public highways or to | ||||||
| 24 | fuels used for the propulsion of those vehicles,
shall be | ||||||
| 25 | appropriated or expended other than for costs of | ||||||
| 26 | administering
the laws imposing those fees, excises, and | ||||||
| |||||||
| |||||||
| 1 | license taxes, statutory
refunds and adjustments allowed | ||||||
| 2 | thereunder, administrative costs of the
Department of | ||||||
| 3 | Transportation, including, but not limited to, the | ||||||
| 4 | operating expenses of the Department relating to the | ||||||
| 5 | administration of public transportation programs, payment | ||||||
| 6 | of debts and liabilities incurred
in construction and | ||||||
| 7 | reconstruction of public highways and bridges,
acquisition | ||||||
| 8 | of rights-of-way for and the cost of construction,
| ||||||
| 9 | reconstruction, maintenance, repair, and operation of | ||||||
| 10 | public highways and
bridges under the direction and | ||||||
| 11 | supervision of the State, political
subdivision, or | ||||||
| 12 | municipality collecting those monies, or during fiscal | ||||||
| 13 | year 2012 only for the purposes of a grant not to exceed | ||||||
| 14 | $8,500,000 to the Regional Transportation Authority on | ||||||
| 15 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 16 | expenses, or during fiscal year 2013 only for the purposes | ||||||
| 17 | of a grant not to exceed $3,825,000 to the Regional | ||||||
| 18 | Transportation Authority on behalf of PACE for the purpose | ||||||
| 19 | of ADA/Para-transit expenses, or during fiscal year 2014 | ||||||
| 20 | only for the purposes of a grant not to exceed $3,825,000 | ||||||
| 21 | to the Regional Transportation Authority on behalf of PACE | ||||||
| 22 | for the purpose of ADA/Para-transit expenses, or during | ||||||
| 23 | fiscal year 2015 only for the purposes of a grant not to | ||||||
| 24 | exceed $3,825,000 to the Regional Transportation Authority | ||||||
| 25 | on behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 26 | expenses, or during fiscal year 2016 only for the purposes | ||||||
| |||||||
| |||||||
| 1 | of a grant not to exceed $3,825,000 to the Regional | ||||||
| 2 | Transportation Authority on behalf of PACE for the purpose | ||||||
| 3 | of ADA/Para-transit expenses, or during fiscal year 2017 | ||||||
| 4 | only for the purposes of a grant not to exceed $3,825,000 | ||||||
| 5 | to the Regional Transportation Authority on behalf of PACE | ||||||
| 6 | for the purpose of ADA/Para-transit expenses, and the costs | ||||||
| 7 | for
patrolling and policing the public highways (by State, | ||||||
| 8 | political
subdivision, or municipality collecting that | ||||||
| 9 | money) for enforcement of
traffic laws. The separation of | ||||||
| 10 | grades of such highways with railroads
and costs associated | ||||||
| 11 | with protection of at-grade highway and railroad
crossing | ||||||
| 12 | shall also be permissible. | ||||||
| 13 | Appropriations for any of such purposes are payable from | ||||||
| 14 | the Road
Fund or the Grade Crossing Protection Fund as provided | ||||||
| 15 | in Section 8 of
the Motor Fuel Tax Law. | ||||||
| 16 | Except as provided in this paragraph, beginning with fiscal | ||||||
| 17 | year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
| 18 | appropriated to the Department of State Police for the purposes | ||||||
| 19 | of
this Section in excess of its total fiscal year 1990 Road | ||||||
| 20 | Fund
appropriations for those purposes unless otherwise | ||||||
| 21 | provided in Section 5g of
this Act.
For fiscal years 2003,
| ||||||
| 22 | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | ||||||
| 23 | appropriated to the
Department of State Police for the purposes | ||||||
| 24 | of this Section in excess of
$97,310,000.
For fiscal year 2008 | ||||||
| 25 | only, no Road
Fund monies shall be appropriated to the | ||||||
| 26 | Department of State Police for the purposes of
this Section in | ||||||
| |||||||
| |||||||
| 1 | excess of $106,100,000. For fiscal year 2009 only, no Road Fund | ||||||
| 2 | monies shall be appropriated to the Department of State Police | ||||||
| 3 | for the purposes of this Section in excess of $114,700,000. | ||||||
| 4 | Beginning in fiscal year 2010, no road fund moneys shall be | ||||||
| 5 | appropriated to the Department of State Police. It shall not be | ||||||
| 6 | lawful to circumvent this limitation on
appropriations by | ||||||
| 7 | governmental reorganization or other methods unless
otherwise | ||||||
| 8 | provided in Section 5g of this Act. | ||||||
| 9 | In fiscal year 1994, no Road Fund monies shall be | ||||||
| 10 | appropriated
to the
Secretary of State for the purposes of this | ||||||
| 11 | Section in excess of the total
fiscal year 1991 Road Fund | ||||||
| 12 | appropriations to the Secretary of State for
those purposes, | ||||||
| 13 | plus $9,800,000. It
shall not be
lawful to circumvent
this | ||||||
| 14 | limitation on appropriations by governmental reorganization or | ||||||
| 15 | other
method. | ||||||
| 16 | Beginning with fiscal year 1995 and thereafter, no Road | ||||||
| 17 | Fund
monies
shall be appropriated to the Secretary of State for | ||||||
| 18 | the purposes of this
Section in excess of the total fiscal year | ||||||
| 19 | 1994 Road Fund
appropriations to
the Secretary of State for | ||||||
| 20 | those purposes. It shall not be lawful to
circumvent this | ||||||
| 21 | limitation on appropriations by governmental reorganization
or | ||||||
| 22 | other methods. | ||||||
| 23 | Beginning with fiscal year 2000, total Road Fund | ||||||
| 24 | appropriations to the
Secretary of State for the purposes of | ||||||
| 25 | this Section shall not exceed the
amounts specified for the | ||||||
| 26 | following fiscal years: | ||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| 11 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||||||||||||||
| 12 | appropriated to the Secretary of State. | |||||||||||||||||||||||||||||||||||||||||
| 13 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||||||||||||||||||||||
| 14 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||||||||||||||||||||||
| 15 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||||||||||||||||||||||
| 16 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||||||||||||||||||||||
| 17 | otherwise provided for by law. | |||||||||||||||||||||||||||||||||||||||||
| 18 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||||||||||||||||||||||
| 19 | appropriations by
governmental reorganization or other | |||||||||||||||||||||||||||||||||||||||||
| 20 | methods. | |||||||||||||||||||||||||||||||||||||||||
| 21 | No new program may be initiated in fiscal year 1991 and
| |||||||||||||||||||||||||||||||||||||||||
| 22 | thereafter that is not consistent with the limitations imposed | |||||||||||||||||||||||||||||||||||||||||
| 23 | by this
Section for fiscal year 1984 and thereafter, insofar as | |||||||||||||||||||||||||||||||||||||||||
| 24 | appropriation of
Road Fund monies is concerned. | |||||||||||||||||||||||||||||||||||||||||
| 25 | Nothing in this Section prohibits transfers from the Road | |||||||||||||||||||||||||||||||||||||||||
| 26 | Fund to the
State Construction Account Fund under Section 5e of | |||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | this Act; nor to the
General Revenue Fund, as authorized by | ||||||
| 2 | this amendatory Act of
the 93rd
General Assembly. | ||||||
| 3 | The additional amounts authorized for expenditure in this | ||||||
| 4 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| ||||||
| 5 | shall be repaid to the Road Fund
from the General Revenue Fund | ||||||
| 6 | in the next succeeding fiscal year that the
General Revenue | ||||||
| 7 | Fund has a positive budgetary balance, as determined by
| ||||||
| 8 | generally accepted accounting principles applicable to | ||||||
| 9 | government. | ||||||
| 10 | The additional amounts authorized for expenditure by the | ||||||
| 11 | Secretary of State
and
the Department of State Police in this | ||||||
| 12 | Section by this amendatory Act of the
94th General Assembly | ||||||
| 13 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
| 14 | in the
next
succeeding fiscal year that the General Revenue | ||||||
| 15 | Fund has a positive budgetary
balance,
as determined by | ||||||
| 16 | generally accepted accounting principles applicable to
| ||||||
| 17 | government. | ||||||
| 18 | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||||||
| 19 | eff. 6-19-13; 98-674, eff. 6-30-14.)
| ||||||
| 20 | Section 5-15. The State Revenue Sharing Act is amended by | ||||||
| 21 | adding Section 11.1 as follows:
| ||||||
| 22 | (30 ILCS 115/11.1 new) | ||||||
| 23 | Sec. 11.1. Funding of certain school districts. | ||||||
| 24 | (a) On July 1, 2016, or as soon as practical thereafter, | ||||||
| |||||||
| |||||||
| 1 | the State Board of Education shall identify to the Department | ||||||
| 2 | of Revenue school districts having Personal Property Tax | ||||||
| 3 | Replacement Fund receipts totaling 15% or more of their total | ||||||
| 4 | revenues in fiscal year 2015. | ||||||
| 5 | (b) In fiscal year 2017, any school district identified | ||||||
| 6 | under subsection (a) shall receive, in addition to its annual | ||||||
| 7 | distributions from the Personal Property Tax Replacement Fund, | ||||||
| 8 | 7% of the total amount distributed to the school district from | ||||||
| 9 | the Personal Property Tax Replacement Fund during fiscal year | ||||||
| 10 | 2015, provided that the total amount of additional | ||||||
| 11 | distributions under this Section shall not exceed $2,900,000. | ||||||
| 12 | If the total additional distributions exceed $2,900,000, such | ||||||
| 13 | distributions shall be calculated on a pro rata basis, based on | ||||||
| 14 | the percentage of each district's total fiscal year 2015 | ||||||
| 15 | revenues to the total fiscal year 2015 revenues of all | ||||||
| 16 | districts qualifying for an additional distribution under this | ||||||
| 17 | Section.
| ||||||
| 18 | Section 5-20. The Illinois Coal Technology Development | ||||||
| 19 | Assistance Act is amended by changing Section 4 as follows:
| ||||||
| 20 | (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
| ||||||
| 21 | Sec. 4. Expenditures from Coal Technology Development | ||||||
| 22 | Assistance Fund.
| ||||||
| 23 | (a) The contents of the Coal Technology Development | ||||||
| 24 | Assistance Fund may be
expended, subject to appropriation by | ||||||
| |||||||
| |||||||
| 1 | the General Assembly, in such amounts and
at such times as the | ||||||
| 2 | Department, with the advice and recommendation of the
Board, | ||||||
| 3 | may deem necessary or desirable for the purposes of this Act.
| ||||||
| 4 | (b) The Department shall develop a written plan containing | ||||||
| 5 | measurable 3-year
and 10-year goals and objectives in regard to | ||||||
| 6 | the funding of coal research and
coal demonstration and | ||||||
| 7 | commercialization projects, and programs designed to
preserve | ||||||
| 8 | and enhance markets for Illinois coal. In developing these | ||||||
| 9 | goals and
objectives, the Department shall consider and | ||||||
| 10 | determine the appropriate balance
for the achievement of | ||||||
| 11 | near-term and long-term goals and objectives and of
ensuring | ||||||
| 12 | the timely commercial application of cost-effective | ||||||
| 13 | technologies or
energy and chemical production processes or | ||||||
| 14 | systems utilizing coal. The
Department shall develop the | ||||||
| 15 | initial goals and objectives no later than
December 1, 1993, | ||||||
| 16 | and develop revised goals and objectives no later than
July 1 | ||||||
| 17 | annually thereafter.
| ||||||
| 18 | (c) (Blank).
| ||||||
| 19 | (d) Subject to appropriation, the Department of Natural | ||||||
| 20 | Resources may use moneys in the Coal Technology Development | ||||||
| 21 | Assistance Fund to administer its responsibilities under the | ||||||
| 22 | Surface Coal Mining Land Conservation and Reclamation Act. | ||||||
| 23 | (Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98; | ||||||
| 24 | 90-372, eff. 7-1-98;
90-655, eff. 7-30-98.)
| ||||||
| 25 | Section 5-25. The Illinois Police Training Act is amended | ||||||
| |||||||
| |||||||
| 1 | by changing Section 9 as follows:
| ||||||
| 2 | (50 ILCS 705/9) (from Ch. 85, par. 509)
| ||||||
| 3 | Sec. 9.
A special fund is hereby established in the State | ||||||
| 4 | Treasury to
be known as the Traffic and Criminal Conviction | ||||||
| 5 | Surcharge Fund and shall
be financed as provided in Section 9.1 | ||||||
| 6 | of this Act and Section 5-9-1 of the
Unified Code of | ||||||
| 7 | Corrections, unless the fines, costs, or additional
amounts | ||||||
| 8 | imposed are subject to disbursement by the circuit clerk under
| ||||||
| 9 | Section 27.5 of the Clerks of Courts Act. Moneys in this Fund | ||||||
| 10 | shall be
expended as follows:
| ||||||
| 11 | (1) a portion of the total amount deposited in the Fund | ||||||
| 12 | may be used, as
appropriated by the General Assembly, for | ||||||
| 13 | the ordinary and contingent expenses
of the Illinois Law | ||||||
| 14 | Enforcement Training Standards Board;
| ||||||
| 15 | (2) a portion of the total amount deposited in the Fund
| ||||||
| 16 | shall be appropriated for the reimbursement of local | ||||||
| 17 | governmental agencies
participating in training programs | ||||||
| 18 | certified by the Board, in an amount
equaling 1/2 of the | ||||||
| 19 | total sum paid by such agencies during the State's previous
| ||||||
| 20 | fiscal year for mandated training for probationary police | ||||||
| 21 | officers or
probationary county corrections officers and | ||||||
| 22 | for optional advanced and
specialized law enforcement or | ||||||
| 23 | county corrections training; these
reimbursements may | ||||||
| 24 | include the costs for tuition at training schools, the
| ||||||
| 25 | salaries of trainees while in schools, and the necessary | ||||||
| |||||||
| |||||||
| 1 | travel and room
and board expenses for each trainee; if the | ||||||
| 2 | appropriations under this
paragraph (2) are not sufficient | ||||||
| 3 | to fully reimburse the participating local
governmental | ||||||
| 4 | agencies, the available funds shall be apportioned among | ||||||
| 5 | such
agencies, with priority first given to repayment of | ||||||
| 6 | the costs of mandatory
training given to law enforcement | ||||||
| 7 | officer or county corrections officer
recruits, then to | ||||||
| 8 | repayment of costs of advanced or specialized training
for | ||||||
| 9 | permanent police officers or permanent county corrections | ||||||
| 10 | officers;
| ||||||
| 11 | (3) a portion of the total amount deposited in the Fund | ||||||
| 12 | may be used to
fund the Intergovernmental Law Enforcement | ||||||
| 13 | Officer's In-Service Training
Act, veto overridden October | ||||||
| 14 | 29, 1981, as now or hereafter amended, at
a rate and method | ||||||
| 15 | to be determined by the board;
| ||||||
| 16 | (4) a portion of the Fund also may be used by the | ||||||
| 17 | Illinois Department
of State Police for expenses incurred | ||||||
| 18 | in the training of employees from
any State, county or | ||||||
| 19 | municipal agency whose function includes enforcement
of | ||||||
| 20 | criminal or traffic law;
| ||||||
| 21 | (5) a portion of the Fund may be used by the Board to | ||||||
| 22 | fund grant-in-aid
programs and services for the training of | ||||||
| 23 | employees from any county or
municipal agency whose | ||||||
| 24 | functions include corrections or the enforcement of
| ||||||
| 25 | criminal or traffic
law;
| ||||||
| 26 | (6) for fiscal years 2013 through 2017 , 2014, and 2015 | ||||||
| |||||||
| |||||||
| 1 | only, a portion of the Fund also may be used by the
| ||||||
| 2 | Department of State Police to finance any of its lawful | ||||||
| 3 | purposes or functions; and | ||||||
| 4 | (7) a portion of the Fund may be used by the Board, | ||||||
| 5 | subject to appropriation, to administer grants to local law | ||||||
| 6 | enforcement agencies for the purpose of purchasing | ||||||
| 7 | bulletproof vests under the Law Enforcement Officer | ||||||
| 8 | Bulletproof Vest Act. | ||||||
| 9 | All payments from the Traffic and Criminal Conviction | ||||||
| 10 | Surcharge Fund shall
be made each year from moneys appropriated | ||||||
| 11 | for the purposes specified in
this Section. No more than 50% of | ||||||
| 12 | any appropriation under this Act shall be
spent in any city | ||||||
| 13 | having a population of more than 500,000. The State
Comptroller | ||||||
| 14 | and the State Treasurer shall from time to time, at the
| ||||||
| 15 | direction of the Governor, transfer from the Traffic and | ||||||
| 16 | Criminal
Conviction Surcharge Fund to the General Revenue Fund | ||||||
| 17 | in the State Treasury
such amounts as the Governor determines | ||||||
| 18 | are in excess of the amounts
required to meet the obligations | ||||||
| 19 | of the Traffic and Criminal Conviction
Surcharge Fund.
| ||||||
| 20 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; | ||||||
| 21 | 98-743, eff. 1-1-15; 99-78, eff. 7-20-15.)
| ||||||
| 22 | Section 5-30. The Law Enforcement Camera Grant Act is | ||||||
| 23 | amended by changing Section 25 as follows:
| ||||||
| 24 | (50 ILCS 707/25) | ||||||
| |||||||
| |||||||
| 1 | Sec. 25. No fund sweep. Notwithstanding any other provision | ||||||
| 2 | of law, moneys in the Law Enforcement Camera Grant Fund may not | ||||||
| 3 | be appropriated, assigned, or transferred to another State | ||||||
| 4 | fund, except that, notwithstanding any other provision of law, | ||||||
| 5 | in addition to any other transfers that may be provided by law, | ||||||
| 6 | on the effective date of this amendatory Act of the 99th | ||||||
| 7 | General Assembly, or as soon thereafter as practical, the State | ||||||
| 8 | Comptroller shall direct and the State Treasurer shall transfer | ||||||
| 9 | the sum of $2,000,000 from the Law Enforcement Camera Grant | ||||||
| 10 | Fund to the Traffic and Criminal Conviction Surcharge Fund.
| ||||||
| 11 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 12 | Section 5-35. The School Code is amended by changing | ||||||
| 13 | Section 18-8.05 as follows:
| ||||||
| 14 | (105 ILCS 5/18-8.05)
| ||||||
| 15 | Sec. 18-8.05. Basis for apportionment of general State | ||||||
| 16 | financial aid and
supplemental general State aid to the common | ||||||
| 17 | schools for the 1998-1999 and
subsequent school years.
| ||||||
| 18 | (A) General Provisions. | ||||||
| 19 | (1) The provisions of this Section apply to the 1998-1999 | ||||||
| 20 | and subsequent
school years. The system of general State | ||||||
| 21 | financial aid provided for in this
Section
is designed to | ||||||
| 22 | assure that, through a combination of State financial aid and
| ||||||
| 23 | required local resources, the financial support provided each | ||||||
| |||||||
| |||||||
| 1 | pupil in Average
Daily Attendance equals or exceeds a
| ||||||
| 2 | prescribed per pupil Foundation Level. This formula approach | ||||||
| 3 | imputes a level
of per pupil Available Local Resources and | ||||||
| 4 | provides for the basis to calculate
a per pupil level of | ||||||
| 5 | general State financial aid that, when added to Available
Local | ||||||
| 6 | Resources, equals or exceeds the Foundation Level. The
amount | ||||||
| 7 | of per pupil general State financial aid for school districts, | ||||||
| 8 | in
general, varies in inverse
relation to Available Local | ||||||
| 9 | Resources. Per pupil amounts are based upon
each school | ||||||
| 10 | district's Average Daily Attendance as that term is defined in | ||||||
| 11 | this
Section. | ||||||
| 12 | (2) In addition to general State financial aid, school | ||||||
| 13 | districts with
specified levels or concentrations of pupils | ||||||
| 14 | from low income households are
eligible to receive supplemental | ||||||
| 15 | general State financial aid grants as provided
pursuant to | ||||||
| 16 | subsection (H).
The supplemental State aid grants provided for | ||||||
| 17 | school districts under
subsection (H) shall be appropriated for | ||||||
| 18 | distribution to school districts as
part of the same line item | ||||||
| 19 | in which the general State financial aid of school
districts is | ||||||
| 20 | appropriated under this Section. | ||||||
| 21 | (3) To receive financial assistance under this Section, | ||||||
| 22 | school districts
are required to file claims with the State | ||||||
| 23 | Board of Education, subject to the
following requirements: | ||||||
| 24 | (a) Any school district which fails for any given | ||||||
| 25 | school year to maintain
school as required by law, or to | ||||||
| 26 | maintain a recognized school is not
eligible to file for | ||||||
| |||||||
| |||||||
| 1 | such school year any claim upon the Common School
Fund. In | ||||||
| 2 | case of nonrecognition of one or more attendance centers in | ||||||
| 3 | a
school district otherwise operating recognized schools, | ||||||
| 4 | the claim of the
district shall be reduced in the | ||||||
| 5 | proportion which the Average Daily
Attendance in the | ||||||
| 6 | attendance center or centers bear to the Average Daily
| ||||||
| 7 | Attendance in the school district. A "recognized school" | ||||||
| 8 | means any
public school which meets the standards as | ||||||
| 9 | established for recognition
by the State Board of | ||||||
| 10 | Education. A school district or attendance center
not | ||||||
| 11 | having recognition status at the end of a school term is | ||||||
| 12 | entitled to
receive State aid payments due upon a legal | ||||||
| 13 | claim which was filed while
it was recognized. | ||||||
| 14 | (b) School district claims filed under this Section are | ||||||
| 15 | subject to
Sections 18-9 and 18-12, except as otherwise | ||||||
| 16 | provided in this
Section. | ||||||
| 17 | (c) If a school district operates a full year school | ||||||
| 18 | under Section
10-19.1, the general State aid to the school | ||||||
| 19 | district shall be determined
by the State Board of | ||||||
| 20 | Education in accordance with this Section as near as
may be | ||||||
| 21 | applicable. | ||||||
| 22 | (d) (Blank). | ||||||
| 23 | (4) Except as provided in subsections (H) and (L), the | ||||||
| 24 | board of any district
receiving any of the grants provided for | ||||||
| 25 | in this Section may apply those funds
to any fund so received | ||||||
| 26 | for which that board is authorized to make expenditures
by law. | ||||||
| |||||||
| |||||||
| 1 | School districts are not required to exert a minimum | ||||||
| 2 | Operating Tax Rate in
order to qualify for assistance under | ||||||
| 3 | this Section. | ||||||
| 4 | (5) As used in this Section the following terms, when | ||||||
| 5 | capitalized, shall
have the meaning ascribed herein: | ||||||
| 6 | (a) "Average Daily Attendance": A count of pupil | ||||||
| 7 | attendance in school,
averaged as provided for in | ||||||
| 8 | subsection (C) and utilized in deriving per pupil
financial | ||||||
| 9 | support levels. | ||||||
| 10 | (b) "Available Local Resources": A computation of | ||||||
| 11 | local financial
support, calculated on the basis of Average | ||||||
| 12 | Daily Attendance and derived as
provided pursuant to | ||||||
| 13 | subsection (D). | ||||||
| 14 | (c) "Corporate Personal Property Replacement Taxes": | ||||||
| 15 | Funds paid to local
school districts pursuant to "An Act in | ||||||
| 16 | relation to the abolition of ad valorem
personal property | ||||||
| 17 | tax and the replacement of revenues lost thereby, and
| ||||||
| 18 | amending and repealing certain Acts and parts of Acts in | ||||||
| 19 | connection therewith",
certified August 14, 1979, as | ||||||
| 20 | amended (Public Act 81-1st S.S.-1). | ||||||
| 21 | (d) "Foundation Level": A prescribed level of per pupil | ||||||
| 22 | financial support
as provided for in subsection (B). | ||||||
| 23 | (e) "Operating Tax Rate": All school district property | ||||||
| 24 | taxes extended for
all purposes, except Bond and
Interest, | ||||||
| 25 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
| 26 | Education
Building purposes.
| ||||||
| |||||||
| |||||||
| 1 | (B) Foundation Level. | ||||||
| 2 | (1) The Foundation Level is a figure established by the | ||||||
| 3 | State representing
the minimum level of per pupil financial | ||||||
| 4 | support that should be available to
provide for the basic | ||||||
| 5 | education of each pupil in
Average Daily Attendance. As set | ||||||
| 6 | forth in this Section, each school district
is assumed to exert
| ||||||
| 7 | a sufficient local taxing effort such that, in combination with | ||||||
| 8 | the aggregate
of general State
financial aid provided the | ||||||
| 9 | district, an aggregate of State and local resources
are | ||||||
| 10 | available to meet
the basic education needs of pupils in the | ||||||
| 11 | district. | ||||||
| 12 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
| 13 | support is
$4,225. For the 1999-2000 school year, the | ||||||
| 14 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
| 15 | year, the Foundation Level of support is
$4,425. For the | ||||||
| 16 | 2001-2002 school year and 2002-2003 school year, the
Foundation | ||||||
| 17 | Level of support is $4,560. For the 2003-2004 school year, the | ||||||
| 18 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
| 19 | year, the Foundation Level of support is $4,964.
For the | ||||||
| 20 | 2005-2006 school year,
the Foundation Level of support is | ||||||
| 21 | $5,164. For the 2006-2007 school year, the Foundation Level of | ||||||
| 22 | support is $5,334. For the 2007-2008 school year, the | ||||||
| 23 | Foundation Level of support is $5,734. For the 2008-2009 school | ||||||
| 24 | year, the Foundation Level of support is $5,959. | ||||||
| 25 | (3) For the 2009-2010 school year and each school year | ||||||
| |||||||
| |||||||
| 1 | thereafter,
the Foundation Level of support is $6,119 or such | ||||||
| 2 | greater amount as
may be established by law by the General | ||||||
| 3 | Assembly.
| ||||||
| 4 | (C) Average Daily Attendance. | ||||||
| 5 | (1) For purposes of calculating general State aid pursuant | ||||||
| 6 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
| 7 | utilized. The Average Daily
Attendance figure for formula
| ||||||
| 8 | calculation purposes shall be the monthly average of the actual | ||||||
| 9 | number of
pupils in attendance of
each school district, as | ||||||
| 10 | further averaged for the best 3 months of pupil
attendance for | ||||||
| 11 | each
school district. In compiling the figures for the number | ||||||
| 12 | of pupils in
attendance, school districts
and the State Board | ||||||
| 13 | of Education shall, for purposes of general State aid
funding, | ||||||
| 14 | conform
attendance figures to the requirements of subsection | ||||||
| 15 | (F). | ||||||
| 16 | (2) The Average Daily Attendance figures utilized in | ||||||
| 17 | subsection (E) shall be
the requisite attendance data for the | ||||||
| 18 | school year immediately preceding
the
school year for which | ||||||
| 19 | general State aid is being calculated
or the average of the | ||||||
| 20 | attendance data for the 3 preceding school
years, whichever is | ||||||
| 21 | greater. The Average Daily Attendance figures
utilized in | ||||||
| 22 | subsection (H) shall be the requisite attendance data for the
| ||||||
| 23 | school year immediately preceding the school year for which | ||||||
| 24 | general
State aid is being calculated.
| ||||||
| |||||||
| |||||||
| 1 | (D) Available Local Resources. | ||||||
| 2 | (1) For purposes of calculating general State aid pursuant | ||||||
| 3 | to subsection
(E), a representation of Available Local | ||||||
| 4 | Resources per pupil, as that term is
defined and determined in | ||||||
| 5 | this subsection, shall be utilized. Available Local
Resources | ||||||
| 6 | per pupil shall include a calculated
dollar amount representing | ||||||
| 7 | local school district revenues from local property
taxes and | ||||||
| 8 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
| 9 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
| 10 | of Available Local Resources shall exclude any tax amnesty | ||||||
| 11 | funds received as a result of Public Act 93-26. | ||||||
| 12 | (2) In determining a school district's revenue from local | ||||||
| 13 | property taxes,
the State Board of Education shall utilize the | ||||||
| 14 | equalized assessed valuation of
all taxable property of each | ||||||
| 15 | school
district as of September 30 of the previous year. The | ||||||
| 16 | equalized assessed
valuation utilized shall
be obtained and | ||||||
| 17 | determined as provided in subsection (G). | ||||||
| 18 | (3) For school districts maintaining grades kindergarten | ||||||
| 19 | through 12, local
property tax
revenues per pupil shall be | ||||||
| 20 | calculated as the product of the applicable
equalized assessed
| ||||||
| 21 | valuation for the district multiplied by 3.00%, and divided by | ||||||
| 22 | the district's
Average Daily
Attendance figure. For school | ||||||
| 23 | districts maintaining grades kindergarten
through 8, local
| ||||||
| 24 | property tax revenues per pupil shall be calculated as the | ||||||
| 25 | product of the
applicable equalized
assessed valuation for the | ||||||
| 26 | district multiplied by 2.30%, and divided by the
district's | ||||||
| |||||||
| |||||||
| 1 | Average
Daily Attendance figure. For school districts | ||||||
| 2 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
| 3 | per pupil shall be the applicable equalized assessed valuation | ||||||
| 4 | of
the district
multiplied by 1.05%, and divided by the | ||||||
| 5 | district's Average Daily
Attendance
figure. | ||||||
| 6 | For partial elementary unit districts created pursuant to | ||||||
| 7 | Article 11E of this Code, local property tax revenues per pupil | ||||||
| 8 | shall be calculated as the product of the equalized assessed | ||||||
| 9 | valuation for property within the partial elementary unit | ||||||
| 10 | district for elementary purposes, as defined in Article 11E of | ||||||
| 11 | this Code, multiplied by 2.06% and divided by the district's | ||||||
| 12 | Average Daily Attendance figure, plus the product of the | ||||||
| 13 | equalized assessed valuation for property within the partial | ||||||
| 14 | elementary unit district for high school purposes, as defined | ||||||
| 15 | in Article 11E of this Code, multiplied by 0.94% and divided by | ||||||
| 16 | the district's Average Daily Attendance figure.
| ||||||
| 17 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
| 18 | to each school
district during the calendar year one year | ||||||
| 19 | before the calendar year in which a
school year begins, divided | ||||||
| 20 | by the Average Daily Attendance figure for that
district, shall | ||||||
| 21 | be added to the local property tax revenues per pupil as
| ||||||
| 22 | derived by the application of the immediately preceding | ||||||
| 23 | paragraph (3). The sum
of these per pupil figures for each | ||||||
| 24 | school district shall constitute Available
Local Resources as | ||||||
| 25 | that term is utilized in subsection (E) in the calculation
of | ||||||
| 26 | general State aid.
| ||||||
| |||||||
| |||||||
| 1 | (E) Computation of General State Aid. | ||||||
| 2 | (1) For each school year, the amount of general State aid | ||||||
| 3 | allotted to a
school district shall be computed by the State | ||||||
| 4 | Board of Education as provided
in this subsection. | ||||||
| 5 | (2) For any school district for which Available Local | ||||||
| 6 | Resources per pupil
is less than the product of 0.93 times the | ||||||
| 7 | Foundation Level, general State aid
for that district shall be | ||||||
| 8 | calculated as an amount equal to the Foundation
Level minus | ||||||
| 9 | Available Local Resources, multiplied by the Average Daily
| ||||||
| 10 | Attendance of the school district. | ||||||
| 11 | (3) For any school district for which Available Local | ||||||
| 12 | Resources per pupil
is equal to or greater than the product of | ||||||
| 13 | 0.93 times the Foundation Level and
less than the product of | ||||||
| 14 | 1.75 times the Foundation Level, the general State aid
per | ||||||
| 15 | pupil shall be a decimal proportion of the Foundation Level | ||||||
| 16 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
| 17 | the calculated general State
aid per pupil shall decline in | ||||||
| 18 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
| 19 | a school district with Available Local Resources equal to
the | ||||||
| 20 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
| 21 | Foundation
Level for a school district with Available Local | ||||||
| 22 | Resources equal to the product
of 1.75 times the Foundation | ||||||
| 23 | Level. The allocation of general
State aid for school districts | ||||||
| 24 | subject to this paragraph 3 shall be the
calculated general | ||||||
| 25 | State aid
per pupil figure multiplied by the Average Daily | ||||||
| |||||||
| |||||||
| 1 | Attendance of the school
district. | ||||||
| 2 | (4) For any school district for which Available Local | ||||||
| 3 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
| 4 | the Foundation Level, the general
State aid for the school | ||||||
| 5 | district shall be calculated as the product of $218
multiplied | ||||||
| 6 | by the Average Daily Attendance of the school
district. | ||||||
| 7 | (5) The amount of general State aid allocated to a school | ||||||
| 8 | district for
the 1999-2000 school year meeting the requirements | ||||||
| 9 | set forth in paragraph (4)
of subsection
(G) shall be increased | ||||||
| 10 | by an amount equal to the general State aid that
would have | ||||||
| 11 | been received by the district for the 1998-1999 school year by
| ||||||
| 12 | utilizing the Extension Limitation Equalized Assessed | ||||||
| 13 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
| 14 | the general State aid allotted for the
1998-1999
school year. | ||||||
| 15 | This amount shall be deemed a one time increase, and shall not
| ||||||
| 16 | affect any future general State aid allocations.
| ||||||
| 17 | (F) Compilation of Average Daily Attendance. | ||||||
| 18 | (1) Each school district shall, by July 1 of each year, | ||||||
| 19 | submit to the State
Board of Education, on forms prescribed by | ||||||
| 20 | the State Board of Education,
attendance figures for the school | ||||||
| 21 | year that began in the preceding calendar
year. The attendance | ||||||
| 22 | information so transmitted shall identify the average
daily | ||||||
| 23 | attendance figures for each month of the school year. Beginning | ||||||
| 24 | with
the general State aid claim form for the 2002-2003 school
| ||||||
| 25 | year, districts shall calculate Average Daily Attendance as | ||||||
| |||||||
| |||||||
| 1 | provided in
subdivisions (a), (b), and (c) of this paragraph | ||||||
| 2 | (1). | ||||||
| 3 | (a) In districts that do not hold year-round classes,
| ||||||
| 4 | days of attendance in August shall be added to the month of | ||||||
| 5 | September and any
days of attendance in June shall be added | ||||||
| 6 | to the month of May. | ||||||
| 7 | (b) In districts in which all buildings hold year-round | ||||||
| 8 | classes,
days of attendance in July and August shall be | ||||||
| 9 | added to the month
of September and any days of attendance | ||||||
| 10 | in June shall be added to
the month of May. | ||||||
| 11 | (c) In districts in which some buildings, but not all, | ||||||
| 12 | hold
year-round classes, for the non-year-round buildings, | ||||||
| 13 | days of
attendance in August shall be added to the month of | ||||||
| 14 | September
and any days of attendance in June shall be added | ||||||
| 15 | to the month of
May. The average daily attendance for the | ||||||
| 16 | year-round buildings
shall be computed as provided in | ||||||
| 17 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
| 18 | Average Daily Attendance for the district, the
average | ||||||
| 19 | daily attendance for the year-round buildings shall be
| ||||||
| 20 | multiplied by the days in session for the non-year-round | ||||||
| 21 | buildings
for each month and added to the monthly | ||||||
| 22 | attendance of the
non-year-round buildings. | ||||||
| 23 | Except as otherwise provided in this Section, days of
| ||||||
| 24 | attendance by pupils shall be counted only for sessions of not | ||||||
| 25 | less than
5 clock hours of school work per day under direct | ||||||
| 26 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
| |||||||
| |||||||
| 1 | volunteer personnel when engaging
in non-teaching duties and | ||||||
| 2 | supervising in those instances specified in
subsection (a) of | ||||||
| 3 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
| 4 | of legal school age and in kindergarten and grades 1 through | ||||||
| 5 | 12. Days of attendance by pupils through verified participation | ||||||
| 6 | in an e-learning program approved by the State Board of | ||||||
| 7 | Education under Section 10-20.56 of the Code shall be | ||||||
| 8 | considered as full days of attendance for purposes of this | ||||||
| 9 | Section. | ||||||
| 10 | Days of attendance by tuition pupils shall be accredited | ||||||
| 11 | only to the
districts that pay the tuition to a recognized | ||||||
| 12 | school. | ||||||
| 13 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
| 14 | of school
shall be subject to the following provisions in the | ||||||
| 15 | compilation of Average
Daily Attendance. | ||||||
| 16 | (a) Pupils regularly enrolled in a public school for | ||||||
| 17 | only a part of
the school day may be counted on the basis | ||||||
| 18 | of 1/6 day for every class hour
of instruction of 40 | ||||||
| 19 | minutes or more attended pursuant to such enrollment,
| ||||||
| 20 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
| 21 | minutes or more of instruction,
in which case the pupil may | ||||||
| 22 | be counted on the basis of the proportion of
minutes of | ||||||
| 23 | school work completed each day to the minimum number of
| ||||||
| 24 | minutes that school work is required to be held that day. | ||||||
| 25 | (b) (Blank). | ||||||
| 26 | (c) A session of 4 or more clock hours may be counted | ||||||
| |||||||
| |||||||
| 1 | as a day of
attendance upon certification by the regional | ||||||
| 2 | superintendent, and
approved by the State Superintendent | ||||||
| 3 | of Education to the extent that the
district has been | ||||||
| 4 | forced to use daily multiple sessions. | ||||||
| 5 | (d) A session of 3 or more clock hours may be counted | ||||||
| 6 | as a day of
attendance (1) when the remainder of the school | ||||||
| 7 | day or at least
2 hours in the evening of that day is | ||||||
| 8 | utilized for an
in-service training program for teachers, | ||||||
| 9 | up to a maximum of 5 days per
school year, provided a | ||||||
| 10 | district conducts an in-service
training program for | ||||||
| 11 | teachers in accordance with Section 10-22.39 of this Code; | ||||||
| 12 | or, in lieu of 4 such days, 2 full days may
be used, in | ||||||
| 13 | which event each such day
may be counted as a day required | ||||||
| 14 | for a legal school calendar pursuant to Section 10-19 of | ||||||
| 15 | this Code; (1.5) when, of the 5 days allowed under item | ||||||
| 16 | (1), a maximum of 4 days are used for parent-teacher | ||||||
| 17 | conferences, or, in lieu of 4 such days, 2 full days are | ||||||
| 18 | used, in which case each such day may be counted as a | ||||||
| 19 | calendar day required under Section 10-19 of this Code, | ||||||
| 20 | provided that the full-day, parent-teacher conference | ||||||
| 21 | consists of (i) a minimum of 5 clock hours of | ||||||
| 22 | parent-teacher conferences, (ii) both a minimum of 2 clock | ||||||
| 23 | hours of parent-teacher conferences held in the evening | ||||||
| 24 | following a full day of student attendance, as specified in | ||||||
| 25 | subsection (F)(1)(c), and a minimum of 3 clock hours of | ||||||
| 26 | parent-teacher conferences held on the day immediately | ||||||
| |||||||
| |||||||
| 1 | following evening parent-teacher conferences, or (iii) | ||||||
| 2 | multiple parent-teacher conferences held in the evenings | ||||||
| 3 | following full days of student attendance, as specified in | ||||||
| 4 | subsection (F)(1)(c), in which the time used for the | ||||||
| 5 | parent-teacher conferences is equivalent to a minimum of 5 | ||||||
| 6 | clock hours; and (2) when days in
addition to
those | ||||||
| 7 | provided in items (1) and (1.5) are scheduled by a school | ||||||
| 8 | pursuant to its school
improvement plan adopted under | ||||||
| 9 | Article 34 or its revised or amended school
improvement | ||||||
| 10 | plan adopted under Article 2, provided that (i) such | ||||||
| 11 | sessions of
3 or more clock hours are scheduled to occur at | ||||||
| 12 | regular intervals, (ii) the
remainder of the school days in | ||||||
| 13 | which such sessions occur are utilized
for in-service | ||||||
| 14 | training programs or other staff development activities | ||||||
| 15 | for
teachers, and (iii) a sufficient number of minutes of | ||||||
| 16 | school work under the
direct supervision of teachers are | ||||||
| 17 | added to the school days between such
regularly scheduled | ||||||
| 18 | sessions to accumulate not less than the number of minutes
| ||||||
| 19 | by which such sessions of 3 or more clock hours fall short | ||||||
| 20 | of 5 clock hours.
Any full days used for the purposes of | ||||||
| 21 | this paragraph shall not be considered
for
computing | ||||||
| 22 | average daily attendance. Days scheduled for in-service | ||||||
| 23 | training
programs, staff development activities, or | ||||||
| 24 | parent-teacher conferences may be
scheduled separately for | ||||||
| 25 | different
grade levels and different attendance centers of | ||||||
| 26 | the district. | ||||||
| |||||||
| |||||||
| 1 | (e) A session of not less than one clock hour of | ||||||
| 2 | teaching
hospitalized or homebound pupils on-site or by | ||||||
| 3 | telephone to the classroom may
be counted as 1/2 day of | ||||||
| 4 | attendance, however these pupils must receive 4 or
more | ||||||
| 5 | clock hours of instruction to be counted for a full day of | ||||||
| 6 | attendance. | ||||||
| 7 | (f) A session of at least 4 clock hours may be counted | ||||||
| 8 | as a day of
attendance for first grade pupils, and pupils | ||||||
| 9 | in full day kindergartens,
and a session of 2 or more hours | ||||||
| 10 | may be counted as 1/2 day of attendance by
pupils in | ||||||
| 11 | kindergartens which provide only 1/2 day of attendance. | ||||||
| 12 | (g) For children with disabilities who are below the | ||||||
| 13 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
| 14 | because of their disability or
immaturity, a session of not | ||||||
| 15 | less than one clock hour may be counted as 1/2 day
of | ||||||
| 16 | attendance; however for such children whose educational | ||||||
| 17 | needs so require
a session of 4 or more clock hours may be | ||||||
| 18 | counted as a full day of attendance. | ||||||
| 19 | (h) A recognized kindergarten which provides for only | ||||||
| 20 | 1/2 day of
attendance by each pupil shall not have more | ||||||
| 21 | than 1/2 day of attendance
counted in any one day. However, | ||||||
| 22 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
| 23 | consecutive school days. When a pupil attends such a
| ||||||
| 24 | kindergarten for 2 half days on any one school day, the | ||||||
| 25 | pupil shall have
the following day as a day absent from | ||||||
| 26 | school, unless the school district
obtains permission in | ||||||
| |||||||
| |||||||
| 1 | writing from the State Superintendent of Education.
| ||||||
| 2 | Attendance at kindergartens which provide for a full day of | ||||||
| 3 | attendance by
each pupil shall be counted the same as | ||||||
| 4 | attendance by first grade pupils.
Only the first year of | ||||||
| 5 | attendance in one kindergarten shall be counted,
except in | ||||||
| 6 | case of children who entered the kindergarten in their | ||||||
| 7 | fifth year
whose educational development requires a second | ||||||
| 8 | year of kindergarten as
determined under the rules and | ||||||
| 9 | regulations of the State Board of Education. | ||||||
| 10 | (i) On the days when the assessment that includes a | ||||||
| 11 | college and career ready determination is
administered | ||||||
| 12 | under subsection (c) of Section 2-3.64a-5 of this Code, the | ||||||
| 13 | day
of attendance for a pupil whose school
day must be | ||||||
| 14 | shortened to accommodate required testing procedures may
| ||||||
| 15 | be less than 5 clock hours and shall be counted towards the | ||||||
| 16 | 176 days of actual pupil attendance required under Section | ||||||
| 17 | 10-19 of this Code, provided that a sufficient number of | ||||||
| 18 | minutes
of school work in excess of 5 clock hours are first | ||||||
| 19 | completed on other school
days to compensate for the loss | ||||||
| 20 | of school work on the examination days. | ||||||
| 21 | (j) Pupils enrolled in a remote educational program | ||||||
| 22 | established under Section 10-29 of this Code may be counted | ||||||
| 23 | on the basis of one-fifth day of attendance for every clock | ||||||
| 24 | hour of instruction attended in the remote educational | ||||||
| 25 | program, provided that, in any month, the school district | ||||||
| 26 | may not claim for a student enrolled in a remote | ||||||
| |||||||
| |||||||
| 1 | educational program more days of attendance than the | ||||||
| 2 | maximum number of days of attendance the district can claim | ||||||
| 3 | (i) for students enrolled in a building holding year-round | ||||||
| 4 | classes if the student is classified as participating in | ||||||
| 5 | the remote educational program on a year-round schedule or | ||||||
| 6 | (ii) for students enrolled in a building not holding | ||||||
| 7 | year-round classes if the student is not classified as | ||||||
| 8 | participating in the remote educational program on a | ||||||
| 9 | year-round schedule.
| ||||||
| 10 | (G) Equalized Assessed Valuation Data. | ||||||
| 11 | (1) For purposes of the calculation of Available Local | ||||||
| 12 | Resources required
pursuant to subsection (D), the
State Board | ||||||
| 13 | of Education shall secure from the Department of
Revenue the | ||||||
| 14 | value as equalized or assessed by the Department of Revenue of
| ||||||
| 15 | all taxable property of every school district, together with | ||||||
| 16 | (i) the applicable
tax rate used in extending taxes for the | ||||||
| 17 | funds of the district as of
September 30 of the previous year
| ||||||
| 18 | and (ii) the limiting rate for all school
districts subject to | ||||||
| 19 | property tax extension limitations as imposed under the
| ||||||
| 20 | Property Tax Extension Limitation Law.
| ||||||
| 21 | The Department of Revenue shall add to the equalized | ||||||
| 22 | assessed value of all
taxable
property of each school district | ||||||
| 23 | situated entirely or partially within a county
that is or was | ||||||
| 24 | subject to the
provisions of Section 15-176 or 15-177 of the | ||||||
| 25 | Property Tax Code (a)
an amount equal to the total amount by | ||||||
| |||||||
| |||||||
| 1 | which the
homestead exemption allowed under Section 15-176 or | ||||||
| 2 | 15-177 of the Property Tax Code for
real
property situated in | ||||||
| 3 | that school district exceeds the total amount that would
have | ||||||
| 4 | been
allowed in that school district if the maximum reduction | ||||||
| 5 | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||||||
| 6 | all other counties in tax year 2003 or (ii) $5,000 in all | ||||||
| 7 | counties in tax year 2004 and thereafter and (b) an amount | ||||||
| 8 | equal to the aggregate amount for the taxable year of all | ||||||
| 9 | additional exemptions under Section 15-175 of the Property Tax | ||||||
| 10 | Code for owners with a household income of $30,000 or less. The | ||||||
| 11 | county clerk of any county that is or was subject to the | ||||||
| 12 | provisions of Section 15-176 or 15-177 of the Property Tax Code | ||||||
| 13 | shall
annually calculate and certify to the Department of | ||||||
| 14 | Revenue for each school
district all
homestead exemption | ||||||
| 15 | amounts under Section 15-176 or 15-177 of the Property Tax Code | ||||||
| 16 | and all amounts of additional exemptions under Section 15-175 | ||||||
| 17 | of the Property Tax Code for owners with a household income of | ||||||
| 18 | $30,000 or less. It is the intent of this paragraph that if the | ||||||
| 19 | general homestead exemption for a parcel of property is | ||||||
| 20 | determined under Section 15-176 or 15-177 of the Property Tax | ||||||
| 21 | Code rather than Section 15-175, then the calculation of | ||||||
| 22 | Available Local Resources shall not be affected by the | ||||||
| 23 | difference, if any, between the amount of the general homestead | ||||||
| 24 | exemption allowed for that parcel of property under Section | ||||||
| 25 | 15-176 or 15-177 of the Property Tax Code and the amount that | ||||||
| 26 | would have been allowed had the general homestead exemption for | ||||||
| |||||||
| |||||||
| 1 | that parcel of property been determined under Section 15-175 of | ||||||
| 2 | the Property Tax Code. It is further the intent of this | ||||||
| 3 | paragraph that if additional exemptions are allowed under | ||||||
| 4 | Section 15-175 of the Property Tax Code for owners with a | ||||||
| 5 | household income of less than $30,000, then the calculation of | ||||||
| 6 | Available Local Resources shall not be affected by the | ||||||
| 7 | difference, if any, because of those additional exemptions. | ||||||
| 8 | This equalized assessed valuation, as adjusted further by | ||||||
| 9 | the requirements of
this subsection, shall be utilized in the | ||||||
| 10 | calculation of Available Local
Resources. | ||||||
| 11 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
| 12 | be adjusted, as
applicable, in the following manner: | ||||||
| 13 | (a) For the purposes of calculating State aid under | ||||||
| 14 | this Section,
with respect to any part of a school district | ||||||
| 15 | within a redevelopment
project area in respect to which a | ||||||
| 16 | municipality has adopted tax
increment allocation | ||||||
| 17 | financing pursuant to the Tax Increment Allocation
| ||||||
| 18 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
| 19 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
| 20 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
| 21 | Illinois Municipal Code, no part of the current equalized
| ||||||
| 22 | assessed valuation of real property located in any such | ||||||
| 23 | project area which is
attributable to an increase above the | ||||||
| 24 | total initial equalized assessed
valuation of such | ||||||
| 25 | property shall be used as part of the equalized assessed
| ||||||
| 26 | valuation of the district, until such time as all
| ||||||
| |||||||
| |||||||
| 1 | redevelopment project costs have been paid, as provided in | ||||||
| 2 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
| 3 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
| 4 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
| 5 | equalized assessed valuation of the
district, the total | ||||||
| 6 | initial equalized assessed valuation or the current
| ||||||
| 7 | equalized assessed valuation, whichever is lower, shall be | ||||||
| 8 | used until
such time as all redevelopment project costs | ||||||
| 9 | have been paid. | ||||||
| 10 | (b) The real property equalized assessed valuation for | ||||||
| 11 | a school district
shall be adjusted by subtracting from the | ||||||
| 12 | real property
value as equalized or assessed by the | ||||||
| 13 | Department of Revenue for the
district an amount computed | ||||||
| 14 | by dividing the amount of any abatement of
taxes under | ||||||
| 15 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
| 16 | district
maintaining grades kindergarten through 12, by | ||||||
| 17 | 2.30% for a district
maintaining grades kindergarten | ||||||
| 18 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
| 19 | through 12 and adjusted by an amount computed by dividing
| ||||||
| 20 | the amount of any abatement of taxes under subsection (a) | ||||||
| 21 | of Section 18-165 of
the Property Tax Code by the same | ||||||
| 22 | percentage rates for district type as
specified in this | ||||||
| 23 | subparagraph (b). | ||||||
| 24 | (3) For the 1999-2000 school year and each school year | ||||||
| 25 | thereafter, if a
school district meets all of the criteria of | ||||||
| 26 | this subsection (G)(3), the school
district's Available Local | ||||||
| |||||||
| |||||||
| 1 | Resources shall be calculated under subsection (D)
using the | ||||||
| 2 | district's Extension Limitation Equalized Assessed Valuation | ||||||
| 3 | as
calculated under this
subsection (G)(3). | ||||||
| 4 | For purposes of this subsection (G)(3) the following terms | ||||||
| 5 | shall have
the following meanings: | ||||||
| 6 | "Budget Year": The school year for which general State | ||||||
| 7 | aid is calculated
and
awarded under subsection (E). | ||||||
| 8 | "Base Tax Year": The property tax levy year used to | ||||||
| 9 | calculate the Budget
Year
allocation of general State aid. | ||||||
| 10 | "Preceding Tax Year": The property tax levy year | ||||||
| 11 | immediately preceding the
Base Tax Year. | ||||||
| 12 | "Base Tax Year's Tax Extension": The product of the | ||||||
| 13 | equalized assessed
valuation utilized by the County Clerk | ||||||
| 14 | in the Base Tax Year multiplied by the
limiting rate as | ||||||
| 15 | calculated by the County Clerk and defined in the Property | ||||||
| 16 | Tax
Extension Limitation Law. | ||||||
| 17 | "Preceding Tax Year's Tax Extension": The product of | ||||||
| 18 | the equalized assessed
valuation utilized by the County | ||||||
| 19 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
| 20 | Tax Rate as defined in subsection (A). | ||||||
| 21 | "Extension Limitation Ratio": A numerical ratio, | ||||||
| 22 | certified by the
County Clerk, in which the numerator is | ||||||
| 23 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
| 24 | the Preceding Tax Year's Tax Extension. | ||||||
| 25 | "Operating Tax Rate": The operating tax rate as defined | ||||||
| 26 | in subsection (A). | ||||||
| |||||||
| |||||||
| 1 | If a school district is subject to property tax extension | ||||||
| 2 | limitations as
imposed under
the Property Tax Extension | ||||||
| 3 | Limitation Law, the State Board of Education shall
calculate | ||||||
| 4 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
| 5 | district. For the 1999-2000 school
year, the
Extension | ||||||
| 6 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
| 7 | calculated by the State Board of Education shall be equal to | ||||||
| 8 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
| 9 | and the district's Extension
Limitation Ratio. Except as | ||||||
| 10 | otherwise provided in this paragraph for a school district that | ||||||
| 11 | has approved or does approve an increase in its limiting rate, | ||||||
| 12 | for the 2000-2001 school year and each school year
thereafter,
| ||||||
| 13 | the Extension Limitation Equalized Assessed Valuation of a | ||||||
| 14 | school district as
calculated by the State Board of Education | ||||||
| 15 | shall be equal to the product of
the Equalized Assessed | ||||||
| 16 | Valuation last used in the calculation of general State
aid and | ||||||
| 17 | the
district's Extension Limitation Ratio. If the Extension | ||||||
| 18 | Limitation
Equalized
Assessed Valuation of a school district as | ||||||
| 19 | calculated under
this subsection (G)(3) is less than the | ||||||
| 20 | district's equalized assessed valuation
as calculated pursuant | ||||||
| 21 | to subsections (G)(1) and (G)(2), then for purposes of
| ||||||
| 22 | calculating the district's general State aid for the Budget | ||||||
| 23 | Year pursuant to
subsection (E), that Extension
Limitation | ||||||
| 24 | Equalized Assessed Valuation shall be utilized to calculate the
| ||||||
| 25 | district's Available Local Resources
under subsection (D). For | ||||||
| 26 | the 2009-2010 school year and each school year thereafter, if a | ||||||
| |||||||
| |||||||
| 1 | school district has approved or does approve an increase in its | ||||||
| 2 | limiting rate, pursuant to Section 18-190 of the Property Tax | ||||||
| 3 | Code, affecting the Base Tax Year, the Extension Limitation | ||||||
| 4 | Equalized Assessed Valuation of the school district, as | ||||||
| 5 | calculated by the State Board of Education, shall be equal to | ||||||
| 6 | the product of the Equalized Assessed Valuation last used in | ||||||
| 7 | the calculation of general State aid times an amount equal to | ||||||
| 8 | one plus the percentage increase, if any, in the Consumer Price | ||||||
| 9 | Index for all Urban Consumers for all items published by the | ||||||
| 10 | United States Department of Labor for the 12-month calendar | ||||||
| 11 | year preceding the Base Tax Year, plus the Equalized Assessed | ||||||
| 12 | Valuation of new property, annexed property, and recovered tax | ||||||
| 13 | increment value and minus the Equalized Assessed Valuation of | ||||||
| 14 | disconnected property. New property and recovered tax | ||||||
| 15 | increment value shall have the meanings set forth in the | ||||||
| 16 | Property Tax Extension Limitation Law. | ||||||
| 17 | Partial elementary unit districts created in accordance | ||||||
| 18 | with Article 11E of this Code shall not be eligible for the | ||||||
| 19 | adjustment in this subsection (G)(3) until the fifth year | ||||||
| 20 | following the effective date of the reorganization.
| ||||||
| 21 | (3.5) For the 2010-2011 school year and each school year | ||||||
| 22 | thereafter, if a school district's boundaries span multiple | ||||||
| 23 | counties, then the Department of Revenue shall send to the | ||||||
| 24 | State Board of Education, for the purpose of calculating | ||||||
| 25 | general State aid, the limiting rate and individual rates by | ||||||
| 26 | purpose for the county that contains the majority of the school | ||||||
| |||||||
| |||||||
| 1 | district's Equalized Assessed Valuation. | ||||||
| 2 | (4) For the purposes of calculating general State aid for | ||||||
| 3 | the 1999-2000
school year only, if a school district | ||||||
| 4 | experienced a triennial reassessment on
the equalized assessed | ||||||
| 5 | valuation used in calculating its general State
financial aid | ||||||
| 6 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
| 7 | Education shall calculate the Extension Limitation Equalized | ||||||
| 8 | Assessed Valuation
that would have been used to calculate the | ||||||
| 9 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
| 10 | the product of the equalized assessed valuation
used to
| ||||||
| 11 | calculate general State aid for the 1997-1998 school year and | ||||||
| 12 | the district's
Extension Limitation Ratio. If the Extension | ||||||
| 13 | Limitation Equalized Assessed
Valuation of the school district | ||||||
| 14 | as calculated under this paragraph (4) is
less than the | ||||||
| 15 | district's equalized assessed valuation utilized in | ||||||
| 16 | calculating
the
district's 1998-1999 general State aid | ||||||
| 17 | allocation, then for purposes of
calculating the district's | ||||||
| 18 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
| 19 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
| 20 | be utilized to
calculate the district's Available Local | ||||||
| 21 | Resources. | ||||||
| 22 | (5) For school districts having a majority of their | ||||||
| 23 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
| 24 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
| 25 | aid allocated to the school district for the
1999-2000 school | ||||||
| 26 | year under the provisions of subsection (E), (H), and (J) of
| ||||||
| |||||||
| |||||||
| 1 | this Section is less than the amount of general State aid | ||||||
| 2 | allocated to the
district for the 1998-1999 school year under | ||||||
| 3 | these subsections, then the
general
State aid of the district | ||||||
| 4 | for the 1999-2000 school year only shall be increased
by the | ||||||
| 5 | difference between these amounts. The total payments made under | ||||||
| 6 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
| 7 | be prorated if they
exceed $14,000,000.
| ||||||
| 8 | (H) Supplemental General State Aid. | ||||||
| 9 | (1) In addition to the general State aid a school district | ||||||
| 10 | is allotted
pursuant to subsection (E), qualifying school | ||||||
| 11 | districts shall receive a grant,
paid in conjunction with a | ||||||
| 12 | district's payments of general State aid, for
supplemental | ||||||
| 13 | general State aid based upon the concentration level of | ||||||
| 14 | children
from low-income households within the school | ||||||
| 15 | district.
Supplemental State aid grants provided for school | ||||||
| 16 | districts under this
subsection shall be appropriated for | ||||||
| 17 | distribution to school districts as part
of the same line item | ||||||
| 18 | in which the general State financial aid of school
districts is | ||||||
| 19 | appropriated under this Section.
| ||||||
| 20 | (1.5) This paragraph (1.5) applies only to those school | ||||||
| 21 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
| 22 | subsection (H), the term "Low-Income Concentration Level" | ||||||
| 23 | shall be the
low-income
eligible pupil count from the most | ||||||
| 24 | recently available federal census divided by
the Average Daily | ||||||
| 25 | Attendance of the school district.
If, however, (i) the | ||||||
| |||||||
| |||||||
| 1 | percentage decrease from the 2 most recent federal
censuses
in | ||||||
| 2 | the low-income eligible pupil count of a high school district | ||||||
| 3 | with fewer
than 400 students exceeds by 75% or more the | ||||||
| 4 | percentage change in the total
low-income eligible pupil count | ||||||
| 5 | of contiguous elementary school districts,
whose boundaries | ||||||
| 6 | are coterminous with the high school district,
or (ii) a high | ||||||
| 7 | school district within 2 counties and serving 5 elementary
| ||||||
| 8 | school
districts, whose boundaries are coterminous with the | ||||||
| 9 | high school
district, has a percentage decrease from the 2 most | ||||||
| 10 | recent federal
censuses in the low-income eligible pupil count | ||||||
| 11 | and there is a percentage
increase in the total low-income | ||||||
| 12 | eligible pupil count of a majority of the
elementary school | ||||||
| 13 | districts in excess of 50% from the 2 most recent
federal | ||||||
| 14 | censuses, then
the
high school district's low-income eligible | ||||||
| 15 | pupil count from the earlier federal
census
shall be the number | ||||||
| 16 | used as the low-income eligible pupil count for the high
school | ||||||
| 17 | district, for purposes of this subsection (H).
The changes made | ||||||
| 18 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
| 19 | supplemental general State aid
grants for school years | ||||||
| 20 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
| 21 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
| 22 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
| 23 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
| 24 | repealed on July 1, 1998), and any high school district that is | ||||||
| 25 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
| 26 | its supplemental general State aid grant or State aid
paid in | ||||||
| |||||||
| |||||||
| 1 | any of those fiscal years. This recomputation shall not be
| ||||||
| 2 | affected by any other funding. | ||||||
| 3 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
| 4 | school year
and each school year thereafter. For purposes of | ||||||
| 5 | this subsection (H), the
term "Low-Income Concentration Level" | ||||||
| 6 | shall, for each fiscal year, be the
low-income eligible
pupil | ||||||
| 7 | count
as of July 1 of the immediately preceding fiscal year
(as | ||||||
| 8 | determined by the Department of Human Services based
on the | ||||||
| 9 | number of pupils
who are eligible for at least one of the | ||||||
| 10 | following
low income programs: Medicaid, the Children's Health | ||||||
| 11 | Insurance Program, TANF, or Food Stamps,
excluding pupils who | ||||||
| 12 | are eligible for services provided by the Department
of | ||||||
| 13 | Children and Family Services,
averaged over
the 2 immediately | ||||||
| 14 | preceding fiscal years for fiscal year 2004 and over the 3
| ||||||
| 15 | immediately preceding fiscal years for each fiscal year | ||||||
| 16 | thereafter)
divided by the Average Daily Attendance of the | ||||||
| 17 | school district. | ||||||
| 18 | (2) Supplemental general State aid pursuant to this | ||||||
| 19 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
| 20 | 1999-2000, and 2000-2001 school years
only: | ||||||
| 21 | (a) For any school district with a Low Income | ||||||
| 22 | Concentration Level of at
least 20% and less than 35%, the | ||||||
| 23 | grant for any school year
shall be $800
multiplied by the | ||||||
| 24 | low income eligible pupil count. | ||||||
| 25 | (b) For any school district with a Low Income | ||||||
| 26 | Concentration Level of at
least 35% and less than 50%, the | ||||||
| |||||||
| |||||||
| 1 | grant for the 1998-1999 school year shall be
$1,100 | ||||||
| 2 | multiplied by the low income eligible pupil count. | ||||||
| 3 | (c) For any school district with a Low Income | ||||||
| 4 | Concentration Level of at
least 50% and less than 60%, the | ||||||
| 5 | grant for the 1998-99 school year shall be
$1,500 | ||||||
| 6 | multiplied by the low income eligible pupil count. | ||||||
| 7 | (d) For any school district with a Low Income | ||||||
| 8 | Concentration Level of 60%
or more, the grant for the | ||||||
| 9 | 1998-99 school year shall be $1,900 multiplied by
the low | ||||||
| 10 | income eligible pupil count. | ||||||
| 11 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
| 12 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
| 13 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
| 14 | respectively. | ||||||
| 15 | (f) For the 2000-2001 school year, the per pupil | ||||||
| 16 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
| 17 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
| 18 | respectively. | ||||||
| 19 | (2.5) Supplemental general State aid pursuant to this | ||||||
| 20 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
| 21 | school year: | ||||||
| 22 | (a) For any school district with a Low Income | ||||||
| 23 | Concentration Level of less
than 10%, the grant for each | ||||||
| 24 | school year shall be $355 multiplied by the low
income | ||||||
| 25 | eligible pupil count. | ||||||
| 26 | (b) For any school district with a Low Income | ||||||
| |||||||
| |||||||
| 1 | Concentration
Level of at least 10% and less than 20%, the | ||||||
| 2 | grant for each school year shall
be $675
multiplied by the | ||||||
| 3 | low income eligible pupil
count. | ||||||
| 4 | (c) For any school district with a Low Income | ||||||
| 5 | Concentration
Level of at least 20% and less than 35%, the | ||||||
| 6 | grant for each school year shall
be $1,330
multiplied by | ||||||
| 7 | the low income eligible pupil
count. | ||||||
| 8 | (d) For any school district with a Low Income | ||||||
| 9 | Concentration
Level of at least 35% and less than 50%, the | ||||||
| 10 | grant for each school year shall
be $1,362
multiplied by | ||||||
| 11 | the low income eligible pupil
count. | ||||||
| 12 | (e) For any school district with a Low Income | ||||||
| 13 | Concentration
Level of at least 50% and less than 60%, the | ||||||
| 14 | grant for each school year shall
be $1,680
multiplied by | ||||||
| 15 | the low income eligible pupil
count. | ||||||
| 16 | (f) For any school district with a Low Income | ||||||
| 17 | Concentration
Level of 60% or more, the grant for each | ||||||
| 18 | school year shall be $2,080
multiplied by the low income | ||||||
| 19 | eligible pupil count. | ||||||
| 20 | (2.10) Except as otherwise provided, supplemental general | ||||||
| 21 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
| 22 | follows for the 2003-2004 school year and each
school year | ||||||
| 23 | thereafter: | ||||||
| 24 | (a) For any school district with a Low Income | ||||||
| 25 | Concentration
Level of 15% or less, the grant for each | ||||||
| 26 | school year
shall be $355 multiplied by the low income | ||||||
| |||||||
| |||||||
| 1 | eligible pupil count. | ||||||
| 2 | (b) For any school district with a Low Income | ||||||
| 3 | Concentration
Level greater than 15%, the grant for each | ||||||
| 4 | school year shall be
$294.25 added to the product of $2,700 | ||||||
| 5 | and the square of the Low
Income Concentration Level, all | ||||||
| 6 | multiplied by the low income
eligible pupil count. | ||||||
| 7 | For the 2003-2004 school year and each school year | ||||||
| 8 | thereafter through the 2008-2009 school year only, the grant | ||||||
| 9 | shall be no less than the
grant
for
the 2002-2003 school year. | ||||||
| 10 | For the 2009-2010 school year only, the grant shall
be no
less | ||||||
| 11 | than the grant for the 2002-2003 school year multiplied by | ||||||
| 12 | 0.66. For the 2010-2011
school year only, the grant shall be no | ||||||
| 13 | less than the grant for the 2002-2003
school year
multiplied by | ||||||
| 14 | 0.33. Notwithstanding the provisions of this paragraph to the | ||||||
| 15 | contrary, if for any school year supplemental general State aid | ||||||
| 16 | grants are prorated as provided in paragraph (1) of this | ||||||
| 17 | subsection (H), then the grants under this paragraph shall be | ||||||
| 18 | prorated.
| ||||||
| 19 | For the 2003-2004 school year only, the grant shall be no | ||||||
| 20 | greater
than the grant received during the 2002-2003 school | ||||||
| 21 | year added to the
product of 0.25 multiplied by the difference | ||||||
| 22 | between the grant amount
calculated under subsection (a) or (b) | ||||||
| 23 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
| 24 | grant received during the 2002-2003 school year.
For the | ||||||
| 25 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
| 26 | the grant received during the 2002-2003 school year added to | ||||||
| |||||||
| |||||||
| 1 | the
product of 0.50 multiplied by the difference between the | ||||||
| 2 | grant amount
calculated under subsection (a) or (b) of this | ||||||
| 3 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
| 4 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
| 5 | school year only, the grant shall be no greater than
the grant | ||||||
| 6 | received during the 2002-2003 school year added to the
product | ||||||
| 7 | of 0.75 multiplied by the difference between the grant amount
| ||||||
| 8 | calculated under subsection (a) or (b) of this paragraph | ||||||
| 9 | (2.10), whichever
is applicable, and the grant received during | ||||||
| 10 | the 2002-2003
school year. | ||||||
| 11 | (3) School districts with an Average Daily Attendance of | ||||||
| 12 | more than 1,000
and less than 50,000 that qualify for | ||||||
| 13 | supplemental general State aid pursuant
to this subsection | ||||||
| 14 | shall submit a plan to the State Board of Education prior to
| ||||||
| 15 | October 30 of each year for the use of the funds resulting from | ||||||
| 16 | this grant of
supplemental general State aid for the | ||||||
| 17 | improvement of
instruction in which priority is given to | ||||||
| 18 | meeting the education needs of
disadvantaged children. Such | ||||||
| 19 | plan shall be submitted in accordance with
rules and | ||||||
| 20 | regulations promulgated by the State Board of Education. | ||||||
| 21 | (4) School districts with an Average Daily Attendance of | ||||||
| 22 | 50,000 or more
that qualify for supplemental general State aid | ||||||
| 23 | pursuant to this subsection
shall be required to distribute | ||||||
| 24 | from funds available pursuant to this Section,
no less than | ||||||
| 25 | $261,000,000 in accordance with the following requirements: | ||||||
| 26 | (a) The required amounts shall be distributed to the | ||||||
| |||||||
| |||||||
| 1 | attendance centers
within the district in proportion to the | ||||||
| 2 | number of pupils enrolled at each
attendance center who are | ||||||
| 3 | eligible to receive free or reduced-price lunches or
| ||||||
| 4 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
| 5 | and under the National
School Lunch Act during the | ||||||
| 6 | immediately preceding school year. | ||||||
| 7 | (b) The distribution of these portions of supplemental | ||||||
| 8 | and general State
aid among attendance centers according to | ||||||
| 9 | these requirements shall not be
compensated for or | ||||||
| 10 | contravened by adjustments of the total of other funds
| ||||||
| 11 | appropriated to any attendance centers, and the Board of | ||||||
| 12 | Education shall
utilize funding from one or several sources | ||||||
| 13 | in order to fully implement this
provision annually prior | ||||||
| 14 | to the opening of school. | ||||||
| 15 | (c) Each attendance center shall be provided by the
| ||||||
| 16 | school district a distribution of noncategorical funds and | ||||||
| 17 | other
categorical funds to which an attendance center is | ||||||
| 18 | entitled under law in
order that the general State aid and | ||||||
| 19 | supplemental general State aid provided
by application of | ||||||
| 20 | this subsection supplements rather than supplants the
| ||||||
| 21 | noncategorical funds and other categorical funds provided | ||||||
| 22 | by the school
district to the attendance centers. | ||||||
| 23 | (d) Any funds made available under this subsection that | ||||||
| 24 | by reason of the
provisions of this subsection are not
| ||||||
| 25 | required to be allocated and provided to attendance centers | ||||||
| 26 | may be used and
appropriated by the board of the district | ||||||
| |||||||
| |||||||
| 1 | for any lawful school purpose. | ||||||
| 2 | (e) Funds received by an attendance center
pursuant to | ||||||
| 3 | this
subsection shall be used
by the attendance center at | ||||||
| 4 | the discretion
of the principal and local school council | ||||||
| 5 | for programs to improve educational
opportunities at | ||||||
| 6 | qualifying schools through the following programs and
| ||||||
| 7 | services: early childhood education, reduced class size or | ||||||
| 8 | improved adult to
student classroom ratio, enrichment | ||||||
| 9 | programs, remedial assistance, attendance
improvement, and | ||||||
| 10 | other educationally beneficial expenditures which
| ||||||
| 11 | supplement
the regular and basic programs as determined by | ||||||
| 12 | the State Board of Education.
Funds provided shall not be | ||||||
| 13 | expended for any political or lobbying purposes
as defined | ||||||
| 14 | by board rule. | ||||||
| 15 | (f) Each district subject to the provisions of this | ||||||
| 16 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
| 17 | the educational needs of disadvantaged children, in
| ||||||
| 18 | compliance with the requirements of this paragraph, to the | ||||||
| 19 | State Board of
Education prior to July 15 of each year. | ||||||
| 20 | This plan shall be consistent with the
decisions of local | ||||||
| 21 | school councils concerning the school expenditure plans
| ||||||
| 22 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
| 23 | State Board shall
approve or reject the plan within 60 days | ||||||
| 24 | after its submission. If the plan is
rejected, the district | ||||||
| 25 | shall give written notice of intent to modify the plan
| ||||||
| 26 | within 15 days of the notification of rejection and then | ||||||
| |||||||
| |||||||
| 1 | submit a modified plan
within 30 days after the date of the | ||||||
| 2 | written notice of intent to modify.
Districts may amend | ||||||
| 3 | approved plans pursuant to rules promulgated by the State
| ||||||
| 4 | Board of Education. | ||||||
| 5 | Upon notification by the State Board of Education that | ||||||
| 6 | the district has
not submitted a plan prior to July 15 or a | ||||||
| 7 | modified plan within the time
period specified herein, the
| ||||||
| 8 | State aid funds affected by that plan or modified plan | ||||||
| 9 | shall be withheld by the
State Board of Education until a | ||||||
| 10 | plan or modified plan is submitted. | ||||||
| 11 | If the district fails to distribute State aid to | ||||||
| 12 | attendance centers in
accordance with an approved plan, the | ||||||
| 13 | plan for the following year shall
allocate funds, in | ||||||
| 14 | addition to the funds otherwise required by this
| ||||||
| 15 | subsection, to those attendance centers which were | ||||||
| 16 | underfunded during the
previous year in amounts equal to | ||||||
| 17 | such underfunding. | ||||||
| 18 | For purposes of determining compliance with this | ||||||
| 19 | subsection in relation
to the requirements of attendance | ||||||
| 20 | center funding, each district subject to the
provisions of | ||||||
| 21 | this
subsection shall submit as a separate document by | ||||||
| 22 | December 1 of each year a
report of expenditure data for | ||||||
| 23 | the prior year in addition to any
modification of its | ||||||
| 24 | current plan. If it is determined that there has been
a | ||||||
| 25 | failure to comply with the expenditure provisions of this | ||||||
| 26 | subsection
regarding contravention or supplanting, the | ||||||
| |||||||
| |||||||
| 1 | State Superintendent of
Education shall, within 60 days of | ||||||
| 2 | receipt of the report, notify the
district and any affected | ||||||
| 3 | local school council. The district shall within
45 days of | ||||||
| 4 | receipt of that notification inform the State | ||||||
| 5 | Superintendent of
Education of the remedial or corrective | ||||||
| 6 | action to be taken, whether by
amendment of the current | ||||||
| 7 | plan, if feasible, or by adjustment in the plan
for the | ||||||
| 8 | following year. Failure to provide the expenditure report | ||||||
| 9 | or the
notification of remedial or corrective action in a | ||||||
| 10 | timely manner shall
result in a withholding of the affected | ||||||
| 11 | funds. | ||||||
| 12 | The State Board of Education shall promulgate rules and | ||||||
| 13 | regulations
to implement the provisions of this | ||||||
| 14 | subsection. No funds shall be released
under this | ||||||
| 15 | subdivision (H)(4) to any district that has not submitted a | ||||||
| 16 | plan
that has been approved by the State Board of | ||||||
| 17 | Education.
| ||||||
| 18 | (I) (Blank).
| ||||||
| 19 | (J) (Blank).
| ||||||
| 20 | (K) Grants to Laboratory and Alternative Schools. | ||||||
| 21 | In calculating the amount to be paid to the governing board | ||||||
| 22 | of a public
university that operates a laboratory school under | ||||||
| 23 | this Section or to any
alternative school that is operated by a | ||||||
| |||||||
| |||||||
| 1 | regional superintendent of schools,
the State
Board of | ||||||
| 2 | Education shall require by rule such reporting requirements as | ||||||
| 3 | it
deems necessary. | ||||||
| 4 | As used in this Section, "laboratory school" means a public | ||||||
| 5 | school which is
created and operated by a public university and | ||||||
| 6 | approved by the State Board of
Education. The governing board | ||||||
| 7 | of a public university which receives funds
from the State | ||||||
| 8 | Board under this subsection (K) may not increase the number of
| ||||||
| 9 | students enrolled in its laboratory
school from a single | ||||||
| 10 | district, if that district is already sending 50 or more
| ||||||
| 11 | students, except under a mutual agreement between the school | ||||||
| 12 | board of a
student's district of residence and the university | ||||||
| 13 | which operates the
laboratory school. A laboratory school may | ||||||
| 14 | not have more than 1,000 students,
excluding students with | ||||||
| 15 | disabilities in a special education program. | ||||||
| 16 | As used in this Section, "alternative school" means a | ||||||
| 17 | public school which is
created and operated by a Regional | ||||||
| 18 | Superintendent of Schools and approved by
the State Board of | ||||||
| 19 | Education. Such alternative schools may offer courses of
| ||||||
| 20 | instruction for which credit is given in regular school | ||||||
| 21 | programs, courses to
prepare students for the high school | ||||||
| 22 | equivalency testing program or vocational
and occupational | ||||||
| 23 | training. A regional superintendent of schools may contract
| ||||||
| 24 | with a school district or a public community college district | ||||||
| 25 | to operate an
alternative school. An alternative school serving | ||||||
| 26 | more than one educational
service region may be established by | ||||||
| |||||||
| |||||||
| 1 | the regional superintendents of schools
of the affected | ||||||
| 2 | educational service regions. An alternative school
serving | ||||||
| 3 | more than one educational service region may be operated under | ||||||
| 4 | such
terms as the regional superintendents of schools of those | ||||||
| 5 | educational service
regions may agree. | ||||||
| 6 | Each laboratory and alternative school shall file, on forms | ||||||
| 7 | provided by the
State Superintendent of Education, an annual | ||||||
| 8 | State aid claim which states the
Average Daily Attendance of | ||||||
| 9 | the school's students by month. The best 3 months'
Average | ||||||
| 10 | Daily Attendance shall be computed for each school.
The general | ||||||
| 11 | State aid entitlement shall be computed by multiplying the
| ||||||
| 12 | applicable Average Daily Attendance by the Foundation Level as | ||||||
| 13 | determined under
this Section.
| ||||||
| 14 | (L) Payments, Additional Grants in Aid and Other Requirements. | ||||||
| 15 | (1) For a school district operating under the financial | ||||||
| 16 | supervision
of an Authority created under Article 34A, the | ||||||
| 17 | general State aid otherwise
payable to that district under this | ||||||
| 18 | Section, but not the supplemental general
State aid, shall be | ||||||
| 19 | reduced by an amount equal to the budget for
the operations of | ||||||
| 20 | the Authority as certified by the Authority to the State
Board | ||||||
| 21 | of Education, and an amount equal to such reduction shall be | ||||||
| 22 | paid
to the Authority created for such district for its | ||||||
| 23 | operating expenses in
the manner provided in Section 18-11. The | ||||||
| 24 | remainder
of general State school aid for any such district | ||||||
| 25 | shall be paid in accordance
with Article 34A when that Article | ||||||
| |||||||
| |||||||
| 1 | provides for a disposition other than that
provided by this | ||||||
| 2 | Article. | ||||||
| 3 | (2) (Blank). | ||||||
| 4 | (3) Summer school. Summer school payments shall be made as | ||||||
| 5 | provided in
Section 18-4.3.
| ||||||
| 6 | (M) Education Funding Advisory Board. | ||||||
| 7 | The Education Funding Advisory
Board, hereinafter in this | ||||||
| 8 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
| 9 | The Board
shall consist of 5 members who are appointed by the | ||||||
| 10 | Governor, by and with the
advice and consent of the Senate. The | ||||||
| 11 | members appointed shall include
representatives of education, | ||||||
| 12 | business, and the general public. One of the
members so | ||||||
| 13 | appointed shall be
designated by the Governor at the time the | ||||||
| 14 | appointment is made as the
chairperson of the
Board.
The | ||||||
| 15 | initial members of the Board may
be appointed any time after | ||||||
| 16 | the effective date of this amendatory Act of
1997. The regular | ||||||
| 17 | term of each member of the
Board shall be for 4 years from the | ||||||
| 18 | third Monday of January of the
year in which the term of the | ||||||
| 19 | member's appointment is to commence, except that
of the 5 | ||||||
| 20 | initial members appointed to serve on the
Board, the member who | ||||||
| 21 | is appointed as the chairperson shall serve for
a term that | ||||||
| 22 | commences on the date of his or her appointment and expires on | ||||||
| 23 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
| 24 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
| 25 | after all 5 members are appointed, shall determine 2 of their | ||||||
| |||||||
| |||||||
| 1 | number to serve
for terms that commence on the date of their
| ||||||
| 2 | respective appointments and expire on the third
Monday of | ||||||
| 3 | January, 2001,
and 2 of their number to serve for terms that | ||||||
| 4 | commence
on the date of their respective appointments and | ||||||
| 5 | expire on the third Monday
of January, 2000. All members | ||||||
| 6 | appointed to serve on the
Board shall serve until their | ||||||
| 7 | respective successors are
appointed and confirmed. Vacancies | ||||||
| 8 | shall be filled in the same manner as
original appointments. If | ||||||
| 9 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
| 10 | in session, the Governor shall make a temporary appointment | ||||||
| 11 | until
the next meeting of the Senate, when he or she shall | ||||||
| 12 | appoint, by and with the
advice and consent of the Senate, a | ||||||
| 13 | person to fill that membership for the
unexpired term. If the | ||||||
| 14 | Senate is not in session when the initial appointments
are | ||||||
| 15 | made, those appointments shall
be made as in the case of | ||||||
| 16 | vacancies. | ||||||
| 17 | The Education Funding Advisory Board shall be deemed | ||||||
| 18 | established,
and the initial
members appointed by the Governor | ||||||
| 19 | to serve as members of the
Board shall take office,
on the date | ||||||
| 20 | that the
Governor makes his or her appointment of the fifth | ||||||
| 21 | initial member of the
Board, whether those initial members are | ||||||
| 22 | then serving
pursuant to appointment and confirmation or | ||||||
| 23 | pursuant to temporary appointments
that are made by the | ||||||
| 24 | Governor as in the case of vacancies. | ||||||
| 25 | The State Board of Education shall provide such staff | ||||||
| 26 | assistance to the
Education Funding Advisory Board as is | ||||||
| |||||||
| |||||||
| 1 | reasonably required for the proper
performance by the Board of | ||||||
| 2 | its responsibilities. | ||||||
| 3 | For school years after the 2000-2001 school year, the | ||||||
| 4 | Education
Funding Advisory Board, in consultation with the | ||||||
| 5 | State Board of Education,
shall make recommendations as | ||||||
| 6 | provided in this subsection (M) to the General
Assembly for the | ||||||
| 7 | foundation level under subdivision (B)(3) of this Section and
| ||||||
| 8 | for the
supplemental general State aid grant level under | ||||||
| 9 | subsection (H) of this Section
for districts with high | ||||||
| 10 | concentrations of children from poverty. The
recommended | ||||||
| 11 | foundation level shall be determined based on a methodology | ||||||
| 12 | which
incorporates the basic education expenditures of | ||||||
| 13 | low-spending schools
exhibiting high academic performance. The | ||||||
| 14 | Education Funding Advisory Board
shall make such | ||||||
| 15 | recommendations to the General Assembly on January 1 of odd
| ||||||
| 16 | numbered years, beginning January 1, 2001.
| ||||||
| 17 | (N) (Blank).
| ||||||
| 18 | (O) References. | ||||||
| 19 | (1) References in other laws to the various subdivisions of
| ||||||
| 20 | Section 18-8 as that Section existed before its repeal and | ||||||
| 21 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
| 22 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
| 23 | extent that those references remain applicable. | ||||||
| 24 | (2) References in other laws to State Chapter 1 funds shall | ||||||
| |||||||
| |||||||
| 1 | be deemed to
refer to the supplemental general State aid | ||||||
| 2 | provided under subsection (H) of
this Section.
| ||||||
| 3 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
| 4 | changes to this Section. Under Section 6 of the Statute on | ||||||
| 5 | Statutes there is an irreconcilable conflict between Public Act | ||||||
| 6 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
| 7 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
| 8 | the law regardless of the text of Public Act 93-808.
| ||||||
| 9 | (Q) State Fiscal Year 2015 Payments. | ||||||
| 10 | For payments made for State fiscal year 2015, the State | ||||||
| 11 | Board of Education shall, for each school district, calculate | ||||||
| 12 | that district's pro-rata share of a minimum sum of $13,600,000 | ||||||
| 13 | or additional amounts as needed from the total net General | ||||||
| 14 | State Aid funding as calculated under this Section that shall | ||||||
| 15 | be deemed attributable to the provision of special educational | ||||||
| 16 | facilities and services, as defined in Section 14-1.08 of this | ||||||
| 17 | Code, in a manner that ensures compliance with maintenance of | ||||||
| 18 | State financial support requirements under the federal | ||||||
| 19 | Individuals with Disabilities Education Act. Each school | ||||||
| 20 | district must use such funds only for the provision of special | ||||||
| 21 | educational facilities and services, as defined in Section | ||||||
| 22 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
| 23 | verification procedures adopted by the State Board of | ||||||
| 24 | Education.
| ||||||
| |||||||
| |||||||
| 1 | (R) State Fiscal Year 2016 Payments. | ||||||
| 2 | For payments made for State fiscal year 2016, the State | ||||||
| 3 | Board of Education shall, for each school district, calculate | ||||||
| 4 | that district's pro rata share of a minimum sum of $1 or | ||||||
| 5 | additional amounts as needed from the total net General State | ||||||
| 6 | Aid funding as calculated under this Section that shall be | ||||||
| 7 | deemed attributable to the provision of special educational | ||||||
| 8 | facilities and services, as defined in Section 14-1.08 of this | ||||||
| 9 | Code, in a manner that ensures compliance with maintenance of | ||||||
| 10 | State financial support requirements under the federal | ||||||
| 11 | Individuals with Disabilities Education Act. Each school | ||||||
| 12 | district must use such funds only for the provision of special | ||||||
| 13 | educational facilities and services, as defined in Section | ||||||
| 14 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
| 15 | verification procedures adopted by the State Board of | ||||||
| 16 | Education. | ||||||
| 17 | (Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194, | ||||||
| 18 | eff. 7-30-15.)
| ||||||
| 19 | Section 5-40. The Board of Higher Education Act is amended | ||||||
| 20 | by adding Section 9.35 as follows:
| ||||||
| 21 | (110 ILCS 205/9.35 new) | ||||||
| 22 | Sec. 9.35. Assistance in financial emergencies. | ||||||
| 23 | (a) In this Section, "financial emergency" means a | ||||||
| |||||||
| |||||||
| 1 | situation that requires a reduction or reallocation of staff | ||||||
| 2 | and expenditures and the consequent reduction, reorganization, | ||||||
| 3 | or termination of programs and activities that cannot be | ||||||
| 4 | achieved through normal academic, administrative, budgetary, | ||||||
| 5 | and personnel processes. | ||||||
| 6 | (b) In fiscal year 2017 the Board, in consultation with the | ||||||
| 7 | Illinois Community College Board, shall conduct a review to | ||||||
| 8 | determine the existence of a financial emergency at a public | ||||||
| 9 | institution of higher education that requires financial | ||||||
| 10 | assistance from the Board, but only after the institution's | ||||||
| 11 | governing board has formally requested the review by adopting a | ||||||
| 12 | resolution stating that the institution is in a state of | ||||||
| 13 | financial emergency that requires financial assistance from | ||||||
| 14 | the Board. To be in a state of financial emergency, the
| ||||||
| 15 | institution must demonstrate that it is significantly | ||||||
| 16 | diminishing all available resources and must satisfy any other | ||||||
| 17 | factors determined appropriate by the Board. Subject to | ||||||
| 18 | appropriation, payments shall be made to institutions in a | ||||||
| 19 | state of financial emergency, in such amounts as shall be | ||||||
| 20 | deemed necessary by the Board, in order to minimize, to the | ||||||
| 21 | extent practicable, adverse impacts to students as a | ||||||
| 22 | consequence of emergent staff or programmatic reductions.
| ||||||
| 23 | ARTICLE 10. RETIREMENT CONTRIBUTIONS | ||||||
| 24 | Section 10-5. The State Finance Act is amended by changing | ||||||
| |||||||
| |||||||
| 1 | Sections 8.12 and 14.1 as follows:
| ||||||
| 2 | (30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||||||
| 3 | Sec. 8.12. State Pensions Fund.
| ||||||
| 4 | (a) The moneys in the State Pensions Fund shall be used | ||||||
| 5 | exclusively
for the administration of the Uniform Disposition | ||||||
| 6 | of Unclaimed Property Act and
for the expenses incurred by the | ||||||
| 7 | Auditor General for administering the provisions of Section | ||||||
| 8 | 2-8.1 of the Illinois State Auditing Act and for the funding of | ||||||
| 9 | the unfunded liabilities of the designated retirement systems. | ||||||
| 10 | Beginning in State fiscal year 2018 2017, payments to the | ||||||
| 11 | designated retirement systems under this Section shall be in | ||||||
| 12 | addition to, and not in lieu of, any State contributions | ||||||
| 13 | required under the Illinois Pension Code.
| ||||||
| 14 | "Designated retirement systems" means:
| ||||||
| 15 | (1) the State Employees' Retirement System of | ||||||
| 16 | Illinois;
| ||||||
| 17 | (2) the Teachers' Retirement System of the State of | ||||||
| 18 | Illinois;
| ||||||
| 19 | (3) the State Universities Retirement System;
| ||||||
| 20 | (4) the Judges Retirement System of Illinois; and
| ||||||
| 21 | (5) the General Assembly Retirement System.
| ||||||
| 22 | (b) Each year the General Assembly may make appropriations | ||||||
| 23 | from
the State Pensions Fund for the administration of the | ||||||
| 24 | Uniform Disposition of
Unclaimed Property Act.
| ||||||
| 25 | Each month, the Commissioner of the Office of Banks and | ||||||
| |||||||
| |||||||
| 1 | Real Estate shall
certify to the State Treasurer the actual | ||||||
| 2 | expenditures that the Office of
Banks and Real Estate incurred | ||||||
| 3 | conducting unclaimed property examinations under
the Uniform | ||||||
| 4 | Disposition of Unclaimed Property Act during the immediately
| ||||||
| 5 | preceding month. Within a reasonable
time following the | ||||||
| 6 | acceptance of such certification by the State Treasurer, the
| ||||||
| 7 | State Treasurer shall pay from its appropriation from the State | ||||||
| 8 | Pensions Fund
to the Bank and Trust Company Fund, the Savings | ||||||
| 9 | Bank Regulatory Fund, and the Residential Finance
Regulatory | ||||||
| 10 | Fund an amount equal to the expenditures incurred by each Fund | ||||||
| 11 | for
that month.
| ||||||
| 12 | Each month, the Director of Financial Institutions shall
| ||||||
| 13 | certify to the State Treasurer the actual expenditures that the | ||||||
| 14 | Department of
Financial Institutions incurred conducting | ||||||
| 15 | unclaimed property examinations
under the Uniform Disposition | ||||||
| 16 | of Unclaimed Property Act during the immediately
preceding | ||||||
| 17 | month. Within a reasonable time following the acceptance of | ||||||
| 18 | such
certification by the State Treasurer, the State Treasurer | ||||||
| 19 | shall pay from its
appropriation from the State Pensions Fund
| ||||||
| 20 | to the Financial Institution Fund and the Credit Union Fund
an | ||||||
| 21 | amount equal to the expenditures incurred by each Fund for
that | ||||||
| 22 | month.
| ||||||
| 23 | (c) As soon as possible after the effective date of this | ||||||
| 24 | amendatory Act of the 93rd General Assembly, the General | ||||||
| 25 | Assembly shall appropriate from the State Pensions Fund (1) to | ||||||
| 26 | the State Universities Retirement System the amount certified | ||||||
| |||||||
| |||||||
| 1 | under Section 15-165 during the prior year, (2) to the Judges | ||||||
| 2 | Retirement System of Illinois the amount certified under | ||||||
| 3 | Section 18-140 during the prior year, and (3) to the General | ||||||
| 4 | Assembly Retirement System the amount certified under Section | ||||||
| 5 | 2-134 during the prior year as part of the required
State | ||||||
| 6 | contributions to each of those designated retirement systems; | ||||||
| 7 | except that amounts appropriated under this subsection (c) in | ||||||
| 8 | State fiscal year 2005 shall not reduce the amount in the State | ||||||
| 9 | Pensions Fund below $5,000,000. If the amount in the State | ||||||
| 10 | Pensions Fund does not exceed the sum of the amounts certified | ||||||
| 11 | in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, | ||||||
| 12 | the amount paid to each designated retirement system under this | ||||||
| 13 | subsection shall be reduced in proportion to the amount | ||||||
| 14 | certified by each of those designated retirement systems.
| ||||||
| 15 | (c-5) For fiscal years 2006 through 2017 2016, the General | ||||||
| 16 | Assembly shall appropriate from the State Pensions Fund to the | ||||||
| 17 | State Universities Retirement System the amount estimated to be | ||||||
| 18 | available during the fiscal year in the State Pensions Fund; | ||||||
| 19 | provided, however, that the amounts appropriated under this | ||||||
| 20 | subsection (c-5) shall not reduce the amount in the State | ||||||
| 21 | Pensions Fund below $5,000,000.
| ||||||
| 22 | (c-6) For fiscal year 2018 2017 and each fiscal year | ||||||
| 23 | thereafter, as soon as may be practical after any money is | ||||||
| 24 | deposited into the State Pensions Fund from the Unclaimed | ||||||
| 25 | Property Trust Fund, the State Treasurer shall apportion the | ||||||
| 26 | deposited amount among the designated retirement systems as | ||||||
| |||||||
| |||||||
| 1 | defined in subsection (a) to reduce their actuarial reserve | ||||||
| 2 | deficiencies. The State Comptroller and State Treasurer shall | ||||||
| 3 | pay the apportioned amounts to the designated retirement | ||||||
| 4 | systems to fund the unfunded liabilities of the designated | ||||||
| 5 | retirement systems. The amount apportioned to each designated | ||||||
| 6 | retirement system shall constitute a portion of the amount | ||||||
| 7 | estimated to be available for appropriation from the State | ||||||
| 8 | Pensions Fund that is the same as that retirement system's | ||||||
| 9 | portion of the total actual reserve deficiency of the systems, | ||||||
| 10 | as determined annually by the Governor's Office of Management | ||||||
| 11 | and Budget at the request of the State Treasurer. The amounts | ||||||
| 12 | apportioned under this subsection shall not reduce the amount | ||||||
| 13 | in the State Pensions Fund below $5,000,000. | ||||||
| 14 | (d) The
Governor's Office of Management and Budget shall | ||||||
| 15 | determine the individual and total
reserve deficiencies of the | ||||||
| 16 | designated retirement systems. For this purpose,
the
| ||||||
| 17 | Governor's Office of Management and Budget shall utilize the | ||||||
| 18 | latest available audit and actuarial
reports of each of the | ||||||
| 19 | retirement systems and the relevant reports and
statistics of | ||||||
| 20 | the Public Employee Pension Fund Division of the Department of
| ||||||
| 21 | Insurance.
| ||||||
| 22 | (d-1) As soon as practicable after the effective date of | ||||||
| 23 | this
amendatory Act of the 93rd General Assembly, the | ||||||
| 24 | Comptroller shall
direct and the Treasurer shall transfer from | ||||||
| 25 | the State Pensions Fund to
the General Revenue Fund, as funds | ||||||
| 26 | become available, a sum equal to the
amounts that would have | ||||||
| |||||||
| |||||||
| 1 | been paid
from the State Pensions Fund to the Teachers' | ||||||
| 2 | Retirement System of the State
of Illinois,
the State | ||||||
| 3 | Universities Retirement System, the Judges Retirement
System | ||||||
| 4 | of Illinois, the
General Assembly Retirement System, and the | ||||||
| 5 | State Employees'
Retirement System
of Illinois
after the | ||||||
| 6 | effective date of this
amendatory Act during the remainder of | ||||||
| 7 | fiscal year 2004 to the
designated retirement systems from the | ||||||
| 8 | appropriations provided for in
this Section if the transfers | ||||||
| 9 | provided in Section 6z-61 had not
occurred. The transfers | ||||||
| 10 | described in this subsection (d-1) are to
partially repay the | ||||||
| 11 | General Revenue Fund for the costs associated with
the bonds | ||||||
| 12 | used to fund the moneys transferred to the designated
| ||||||
| 13 | retirement systems under Section 6z-61.
| ||||||
| 14 | (e) The changes to this Section made by this amendatory Act | ||||||
| 15 | of 1994 shall
first apply to distributions from the Fund for | ||||||
| 16 | State fiscal year 1996.
| ||||||
| 17 | (Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13; | ||||||
| 18 | 98-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15; | ||||||
| 19 | 99-78, eff. 7-20-15.)
| ||||||
| 20 | (30 ILCS 105/14.1)
(from Ch. 127, par. 150.1)
| ||||||
| 21 | Sec. 14.1. Appropriations for State contributions to the | ||||||
| 22 | State
Employees' Retirement System; payroll requirements. | ||||||
| 23 | (a) Appropriations for State contributions to the State
| ||||||
| 24 | Employees' Retirement System of Illinois shall be expended in | ||||||
| 25 | the manner
provided in this Section.
Except as otherwise | ||||||
| |||||||
| |||||||
| 1 | provided in subsections (a-1), (a-2), (a-3), and (a-4)
at the | ||||||
| 2 | time of each payment of salary to an
employee under the | ||||||
| 3 | personal services line item, payment shall be made to
the State | ||||||
| 4 | Employees' Retirement System, from the amount appropriated for
| ||||||
| 5 | State contributions to the State Employees' Retirement System, | ||||||
| 6 | of an amount
calculated at the rate certified for the | ||||||
| 7 | applicable fiscal year by the
Board of Trustees of the State | ||||||
| 8 | Employees' Retirement System under Section
14-135.08 of the | ||||||
| 9 | Illinois Pension Code. If a line item appropriation to an
| ||||||
| 10 | employer for this purpose is exhausted or is unavailable due to | ||||||
| 11 | any limitation on appropriations that may apply, (including, | ||||||
| 12 | but not limited to, limitations on appropriations from the Road | ||||||
| 13 | Fund under Section 8.3 of the State Finance Act), the amounts | ||||||
| 14 | shall be
paid under the continuing appropriation for this | ||||||
| 15 | purpose contained in the State
Pension Funds Continuing | ||||||
| 16 | Appropriation Act.
| ||||||
| 17 | (a-1) Beginning on the effective date of this amendatory | ||||||
| 18 | Act of the 93rd
General Assembly through the payment of the | ||||||
| 19 | final payroll from fiscal
year 2004 appropriations, | ||||||
| 20 | appropriations for State contributions to the
State Employees' | ||||||
| 21 | Retirement System of Illinois shall be expended in the
manner | ||||||
| 22 | provided in this subsection (a-1). At the time of each payment | ||||||
| 23 | of
salary to an employee under the personal services line item | ||||||
| 24 | from a fund
other than the General Revenue Fund, payment shall | ||||||
| 25 | be made for deposit
into the General Revenue Fund from the | ||||||
| 26 | amount appropriated for State
contributions to the State | ||||||
| |||||||
| |||||||
| 1 | Employees' Retirement System of an amount
calculated at the | ||||||
| 2 | rate certified for fiscal year 2004 by the Board of
Trustees of | ||||||
| 3 | the State Employees' Retirement System under Section
14-135.08 | ||||||
| 4 | of the Illinois Pension Code. This payment shall be made to
the | ||||||
| 5 | extent that a line item appropriation to an employer for this | ||||||
| 6 | purpose is
available or unexhausted. No payment from | ||||||
| 7 | appropriations for State
contributions shall be made in | ||||||
| 8 | conjunction with payment of salary to an
employee under the | ||||||
| 9 | personal services line item from the General Revenue
Fund.
| ||||||
| 10 | (a-2) For fiscal year 2010 only, at the time of each | ||||||
| 11 | payment of salary to an employee under the personal services | ||||||
| 12 | line item from a fund other than the General Revenue Fund, | ||||||
| 13 | payment shall be made for deposit into the State Employees' | ||||||
| 14 | Retirement System of Illinois from the amount appropriated for | ||||||
| 15 | State contributions to the State Employees' Retirement System | ||||||
| 16 | of Illinois of an amount calculated at the rate certified for | ||||||
| 17 | fiscal year 2010 by the Board of Trustees of the State | ||||||
| 18 | Employees' Retirement System of Illinois under Section | ||||||
| 19 | 14-135.08 of the Illinois Pension Code. This payment shall be | ||||||
| 20 | made to the extent that a line item appropriation to an | ||||||
| 21 | employer for this purpose is available or unexhausted. For | ||||||
| 22 | fiscal year 2010 only, no payment from appropriations for State | ||||||
| 23 | contributions shall be made in conjunction with payment of | ||||||
| 24 | salary to an employee under the personal services line item | ||||||
| 25 | from the General Revenue Fund. | ||||||
| 26 | (a-3) For fiscal year 2011 only, at the time of each | ||||||
| |||||||
| |||||||
| 1 | payment of salary to an employee under the personal services | ||||||
| 2 | line item from a fund other than the General Revenue Fund, | ||||||
| 3 | payment shall be made for deposit into the State Employees' | ||||||
| 4 | Retirement System of Illinois from the amount appropriated for | ||||||
| 5 | State contributions to the State Employees' Retirement System | ||||||
| 6 | of Illinois of an amount calculated at the rate certified for | ||||||
| 7 | fiscal year 2011 by the Board of Trustees of the State | ||||||
| 8 | Employees' Retirement System of Illinois under Section | ||||||
| 9 | 14-135.08 of the Illinois Pension Code. This payment shall be | ||||||
| 10 | made to the extent that a line item appropriation to an | ||||||
| 11 | employer for this purpose is available or unexhausted. For | ||||||
| 12 | fiscal year 2011 only, no payment from appropriations for State | ||||||
| 13 | contributions shall be made in conjunction with payment of | ||||||
| 14 | salary to an employee under the personal services line item | ||||||
| 15 | from the General Revenue Fund. | ||||||
| 16 | (a-4) In fiscal years 2012 through 2017 2016 only, at the | ||||||
| 17 | time of each payment of salary to an employee under the | ||||||
| 18 | personal services line item from a fund other than the General | ||||||
| 19 | Revenue Fund, payment shall be made for deposit into the State | ||||||
| 20 | Employees' Retirement System of Illinois from the amount | ||||||
| 21 | appropriated for State contributions to the State Employees' | ||||||
| 22 | Retirement System of Illinois of an amount calculated at the | ||||||
| 23 | rate certified for the applicable fiscal year by the Board of | ||||||
| 24 | Trustees of the State Employees' Retirement System of Illinois | ||||||
| 25 | under Section 14-135.08 of the Illinois Pension Code. In fiscal | ||||||
| 26 | years 2012 through 2017 2016 only, no payment from | ||||||
| |||||||
| |||||||
| 1 | appropriations for State contributions shall be made in | ||||||
| 2 | conjunction with payment of salary to an employee under the | ||||||
| 3 | personal services line item from the General Revenue Fund. | ||||||
| 4 | (b) Except during the period beginning on the effective | ||||||
| 5 | date of this
amendatory
Act of the 93rd General Assembly and | ||||||
| 6 | ending at the time of the payment of the
final payroll from | ||||||
| 7 | fiscal year 2004 appropriations, the State Comptroller
shall | ||||||
| 8 | not approve for payment any payroll
voucher that (1) includes | ||||||
| 9 | payments of salary to eligible employees in the
State | ||||||
| 10 | Employees' Retirement System of Illinois and (2) does not | ||||||
| 11 | include the
corresponding payment of State contributions to | ||||||
| 12 | that retirement system at the
full rate certified under Section | ||||||
| 13 | 14-135.08 for that fiscal year for eligible
employees, unless | ||||||
| 14 | the balance in the fund on which the payroll voucher is drawn
| ||||||
| 15 | is insufficient to pay the total payroll voucher, or | ||||||
| 16 | unavailable due to any limitation on appropriations that may | ||||||
| 17 | apply, including, but not limited to, limitations on | ||||||
| 18 | appropriations from the Road Fund under Section 8.3 of the | ||||||
| 19 | State Finance Act. If the State Comptroller
approves a payroll | ||||||
| 20 | voucher under this Section for which the fund balance is
| ||||||
| 21 | insufficient to pay the full amount of the required State | ||||||
| 22 | contribution to the
State Employees' Retirement System, the | ||||||
| 23 | Comptroller shall promptly so notify
the Retirement System.
| ||||||
| 24 | (b-1) For fiscal year 2010 and fiscal year 2011 only, the | ||||||
| 25 | State Comptroller shall not approve for payment any non-General | ||||||
| 26 | Revenue Fund payroll voucher that (1) includes payments of | ||||||
| |||||||
| |||||||
| 1 | salary to eligible employees in the State Employees' Retirement | ||||||
| 2 | System of Illinois and (2) does not include the corresponding | ||||||
| 3 | payment of State contributions to that retirement system at the | ||||||
| 4 | full rate certified under Section 14-135.08 for that fiscal | ||||||
| 5 | year for eligible employees, unless the balance in the fund on | ||||||
| 6 | which the payroll voucher is drawn is insufficient to pay the | ||||||
| 7 | total payroll voucher, or unavailable due to any limitation on | ||||||
| 8 | appropriations that may apply, including, but not limited to, | ||||||
| 9 | limitations on appropriations from the Road Fund under Section | ||||||
| 10 | 8.3 of the State Finance Act. If the State Comptroller approves | ||||||
| 11 | a payroll voucher under this Section for which the fund balance | ||||||
| 12 | is insufficient to pay the full amount of the required State | ||||||
| 13 | contribution to the State Employees' Retirement System of | ||||||
| 14 | Illinois, the Comptroller shall promptly so notify the | ||||||
| 15 | retirement system. | ||||||
| 16 | (c) Notwithstanding any other provisions of law, beginning | ||||||
| 17 | July 1, 2007, required State and employee contributions to the | ||||||
| 18 | State Employees' Retirement System of Illinois relating to | ||||||
| 19 | affected legislative staff employees shall be paid out of | ||||||
| 20 | moneys appropriated for that purpose to the Commission on | ||||||
| 21 | Government Forecasting and Accountability, rather than out of | ||||||
| 22 | the lump-sum appropriations otherwise made for the payroll and | ||||||
| 23 | other costs of those employees. | ||||||
| 24 | These payments must be made pursuant to payroll vouchers | ||||||
| 25 | submitted by the employing entity as part of the regular | ||||||
| 26 | payroll voucher process. | ||||||
| |||||||
| |||||||
| 1 | For the purpose of this subsection, "affected legislative | ||||||
| 2 | staff employees" means legislative staff employees paid out of | ||||||
| 3 | lump-sum appropriations made to the General Assembly, an | ||||||
| 4 | Officer of the General Assembly, or the Senate Operations | ||||||
| 5 | Commission, but does not include district-office staff or | ||||||
| 6 | employees of legislative support services agencies. | ||||||
| 7 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8, | ||||||
| 8 | eff. 7-9-15.)
| ||||||
| 9 | Section 10-10. The Illinois Pension Code is amended by | ||||||
| 10 | changing Section 14-131 as follows:
| ||||||
| 11 | (40 ILCS 5/14-131)
| ||||||
| 12 | Sec. 14-131. Contributions by State.
| ||||||
| 13 | (a) The State shall make contributions to the System by | ||||||
| 14 | appropriations of
amounts which, together with other employer | ||||||
| 15 | contributions from trust, federal,
and other funds, employee | ||||||
| 16 | contributions, investment income, and other income,
will be | ||||||
| 17 | sufficient to meet the cost of maintaining and administering | ||||||
| 18 | the System
on a 90% funded basis in accordance with actuarial | ||||||
| 19 | recommendations.
| ||||||
| 20 | For the purposes of this Section and Section 14-135.08, | ||||||
| 21 | references to State
contributions refer only to employer | ||||||
| 22 | contributions and do not include employee
contributions that | ||||||
| 23 | are picked up or otherwise paid by the State or a
department on | ||||||
| 24 | behalf of the employee.
| ||||||
| |||||||
| |||||||
| 1 | (b) The Board shall determine the total amount of State | ||||||
| 2 | contributions
required for each fiscal year on the basis of the | ||||||
| 3 | actuarial tables and other
assumptions adopted by the Board, | ||||||
| 4 | using the formula in subsection (e).
| ||||||
| 5 | The Board shall also determine a State contribution rate | ||||||
| 6 | for each fiscal
year, expressed as a percentage of payroll, | ||||||
| 7 | based on the total required State
contribution for that fiscal | ||||||
| 8 | year (less the amount received by the System from
| ||||||
| 9 | appropriations under Section 8.12 of the State Finance Act and | ||||||
| 10 | Section 1 of the
State Pension Funds Continuing Appropriation | ||||||
| 11 | Act, if any, for the fiscal year
ending on the June 30 | ||||||
| 12 | immediately preceding the applicable November 15
certification | ||||||
| 13 | deadline), the estimated payroll (including all forms of
| ||||||
| 14 | compensation) for personal services rendered by eligible | ||||||
| 15 | employees, and the
recommendations of the actuary.
| ||||||
| 16 | For the purposes of this Section and Section 14.1 of the | ||||||
| 17 | State Finance Act,
the term "eligible employees" includes | ||||||
| 18 | employees who participate in the System,
persons who may elect | ||||||
| 19 | to participate in the System but have not so elected,
persons | ||||||
| 20 | who are serving a qualifying period that is required for | ||||||
| 21 | participation,
and annuitants employed by a department as | ||||||
| 22 | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
| ||||||
| 23 | (c) Contributions shall be made by the several departments | ||||||
| 24 | for each pay
period by warrants drawn by the State Comptroller | ||||||
| 25 | against their respective
funds or appropriations based upon | ||||||
| 26 | vouchers stating the amount to be so
contributed. These amounts | ||||||
| |||||||
| |||||||
| 1 | shall be based on the full rate certified by the
Board under | ||||||
| 2 | Section 14-135.08 for that fiscal year.
From the effective date | ||||||
| 3 | of this amendatory Act of the 93rd General
Assembly through the | ||||||
| 4 | payment of the final payroll from fiscal year 2004
| ||||||
| 5 | appropriations, the several departments shall not make | ||||||
| 6 | contributions
for the remainder of fiscal year 2004 but shall | ||||||
| 7 | instead make payments
as required under subsection (a-1) of | ||||||
| 8 | Section 14.1 of the State Finance Act.
The several departments | ||||||
| 9 | shall resume those contributions at the commencement of
fiscal | ||||||
| 10 | year 2005.
| ||||||
| 11 | (c-1) Notwithstanding subsection (c) of this Section, for | ||||||
| 12 | fiscal years 2010, 2012, 2013, 2014, 2015, and 2016, and 2017 | ||||||
| 13 | only, contributions by the several departments are not required | ||||||
| 14 | to be made for General Revenue Funds payrolls processed by the | ||||||
| 15 | Comptroller. Payrolls paid by the several departments from all | ||||||
| 16 | other State funds must continue to be processed pursuant to | ||||||
| 17 | subsection (c) of this Section. | ||||||
| 18 | (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015, | ||||||
| 19 | and 2016, and 2017 only, on or as soon as possible after the | ||||||
| 20 | 15th day of each month, the Board shall submit vouchers for | ||||||
| 21 | payment of State contributions to the System, in a total | ||||||
| 22 | monthly amount of one-twelfth of the fiscal year General | ||||||
| 23 | Revenue Fund contribution as certified by the System pursuant | ||||||
| 24 | to Section 14-135.08 of the Illinois Pension Code. | ||||||
| 25 | (d) If an employee is paid from trust funds or federal | ||||||
| 26 | funds, the
department or other employer shall pay employer | ||||||
| |||||||
| |||||||
| 1 | contributions from those funds
to the System at the certified | ||||||
| 2 | rate, unless the terms of the trust or the
federal-State | ||||||
| 3 | agreement preclude the use of the funds for that purpose, in
| ||||||
| 4 | which case the required employer contributions shall be paid by | ||||||
| 5 | the State.
From the effective date of this amendatory
Act of | ||||||
| 6 | the 93rd General Assembly through the payment of the final
| ||||||
| 7 | payroll from fiscal year 2004 appropriations, the department or | ||||||
| 8 | other
employer shall not pay contributions for the remainder of | ||||||
| 9 | fiscal year
2004 but shall instead make payments as required | ||||||
| 10 | under subsection (a-1) of
Section 14.1 of the State Finance | ||||||
| 11 | Act. The department or other employer shall
resume payment of
| ||||||
| 12 | contributions at the commencement of fiscal year 2005.
| ||||||
| 13 | (e) For State fiscal years 2012 through 2045, the minimum | ||||||
| 14 | contribution
to the System to be made by the State for each | ||||||
| 15 | fiscal year shall be an amount
determined by the System to be | ||||||
| 16 | sufficient to bring the total assets of the
System up to 90% of | ||||||
| 17 | the total actuarial liabilities of the System by the end
of | ||||||
| 18 | State fiscal year 2045. In making these determinations, the | ||||||
| 19 | required State
contribution shall be calculated each year as a | ||||||
| 20 | level percentage of payroll
over the years remaining to and | ||||||
| 21 | including fiscal year 2045 and shall be
determined under the | ||||||
| 22 | projected unit credit actuarial cost method.
| ||||||
| 23 | For State fiscal years 1996 through 2005, the State | ||||||
| 24 | contribution to
the System, as a percentage of the applicable | ||||||
| 25 | employee payroll, shall be
increased in equal annual increments | ||||||
| 26 | so that by State fiscal year 2011, the
State is contributing at | ||||||
| |||||||
| |||||||
| 1 | the rate required under this Section; except that
(i) for State | ||||||
| 2 | fiscal year 1998, for all purposes of this Code and any other
| ||||||
| 3 | law of this State, the certified percentage of the applicable | ||||||
| 4 | employee payroll
shall be 5.052% for employees earning eligible | ||||||
| 5 | creditable service under Section
14-110 and 6.500% for all | ||||||
| 6 | other employees, notwithstanding any contrary
certification | ||||||
| 7 | made under Section 14-135.08 before the effective date of this
| ||||||
| 8 | amendatory Act of 1997, and (ii)
in the following specified | ||||||
| 9 | State fiscal years, the State contribution to
the System shall | ||||||
| 10 | not be less than the following indicated percentages of the
| ||||||
| 11 | applicable employee payroll, even if the indicated percentage | ||||||
| 12 | will produce a
State contribution in excess of the amount | ||||||
| 13 | otherwise required under this
subsection and subsection (a):
| ||||||
| 14 | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY | ||||||
| 15 | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
| ||||||
| 16 | Notwithstanding any other provision of this Article, the | ||||||
| 17 | total required State
contribution to the System for State | ||||||
| 18 | fiscal year 2006 is $203,783,900.
| ||||||
| 19 | Notwithstanding any other provision of this Article, the | ||||||
| 20 | total required State
contribution to the System for State | ||||||
| 21 | fiscal year 2007 is $344,164,400.
| ||||||
| 22 | For each of State fiscal years 2008 through 2009, the State | ||||||
| 23 | contribution to
the System, as a percentage of the applicable | ||||||
| 24 | employee payroll, shall be
increased in equal annual increments | ||||||
| 25 | from the required State contribution for State fiscal year | ||||||
| 26 | 2007, so that by State fiscal year 2011, the
State is | ||||||
| |||||||
| |||||||
| 1 | contributing at the rate otherwise required under this Section.
| ||||||
| 2 | Notwithstanding any other provision of this Article, the | ||||||
| 3 | total required State General Revenue Fund contribution for | ||||||
| 4 | State fiscal year 2010 is $723,703,100 and shall be made from | ||||||
| 5 | the proceeds of bonds sold in fiscal year 2010 pursuant to | ||||||
| 6 | Section 7.2 of the General Obligation Bond Act, less (i) the | ||||||
| 7 | pro rata share of bond sale expenses determined by the System's | ||||||
| 8 | share of total bond proceeds, (ii) any amounts received from | ||||||
| 9 | the General Revenue Fund in fiscal year 2010, and (iii) any | ||||||
| 10 | reduction in bond proceeds due to the issuance of discounted | ||||||
| 11 | bonds, if applicable. | ||||||
| 12 | Notwithstanding any other provision of this Article, the
| ||||||
| 13 | total required State General Revenue Fund contribution for
| ||||||
| 14 | State fiscal year 2011 is the amount recertified by the System | ||||||
| 15 | on or before April 1, 2011 pursuant to Section 14-135.08 and | ||||||
| 16 | shall be made from
the proceeds of bonds sold in fiscal year | ||||||
| 17 | 2011 pursuant to
Section 7.2 of the General Obligation Bond | ||||||
| 18 | Act, less (i) the
pro rata share of bond sale expenses | ||||||
| 19 | determined by the System's
share of total bond proceeds, (ii) | ||||||
| 20 | any amounts received from
the General Revenue Fund in fiscal | ||||||
| 21 | year 2011, and (iii) any
reduction in bond proceeds due to the | ||||||
| 22 | issuance of discounted
bonds, if applicable. | ||||||
| 23 | Beginning in State fiscal year 2046, the minimum State | ||||||
| 24 | contribution for
each fiscal year shall be the amount needed to | ||||||
| 25 | maintain the total assets of
the System at 90% of the total | ||||||
| 26 | actuarial liabilities of the System.
| ||||||
| |||||||
| |||||||
| 1 | Amounts received by the System pursuant to Section 25 of | ||||||
| 2 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
| 3 | Finance Act in any fiscal year do not reduce and do not | ||||||
| 4 | constitute payment of any portion of the minimum State | ||||||
| 5 | contribution required under this Article in that fiscal year. | ||||||
| 6 | Such amounts shall not reduce, and shall not be included in the | ||||||
| 7 | calculation of, the required State contributions under this | ||||||
| 8 | Article in any future year until the System has reached a | ||||||
| 9 | funding ratio of at least 90%. A reference in this Article to | ||||||
| 10 | the "required State contribution" or any substantially similar | ||||||
| 11 | term does not include or apply to any amounts payable to the | ||||||
| 12 | System under Section 25 of the Budget Stabilization Act.
| ||||||
| 13 | Notwithstanding any other provision of this Section, the | ||||||
| 14 | required State
contribution for State fiscal year 2005 and for | ||||||
| 15 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
| 16 | under this Section and
certified under Section 14-135.08, shall | ||||||
| 17 | not exceed an amount equal to (i) the
amount of the required | ||||||
| 18 | State contribution that would have been calculated under
this | ||||||
| 19 | Section for that fiscal year if the System had not received any | ||||||
| 20 | payments
under subsection (d) of Section 7.2 of the General | ||||||
| 21 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
| 22 | total debt service payments for that fiscal
year on the bonds | ||||||
| 23 | issued in fiscal year 2003 for the purposes of that Section | ||||||
| 24 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
| 25 | the same as the System's portion of
the total moneys | ||||||
| 26 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
| |||||||
| |||||||
| 1 | Obligation Bond Act. In determining this maximum for State | ||||||
| 2 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
| 3 | in item (i) shall be increased, as a percentage of the | ||||||
| 4 | applicable employee payroll, in equal increments calculated | ||||||
| 5 | from the sum of the required State contribution for State | ||||||
| 6 | fiscal year 2007 plus the applicable portion of the State's | ||||||
| 7 | total debt service payments for fiscal year 2007 on the bonds | ||||||
| 8 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
| 9 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
| 10 | 2011, the
State is contributing at the rate otherwise required | ||||||
| 11 | under this Section.
| ||||||
| 12 | (f) After the submission of all payments for eligible | ||||||
| 13 | employees
from personal services line items in fiscal year 2004 | ||||||
| 14 | have been made,
the Comptroller shall provide to the System a | ||||||
| 15 | certification of the sum
of all fiscal year 2004 expenditures | ||||||
| 16 | for personal services that would
have been covered by payments | ||||||
| 17 | to the System under this Section if the
provisions of this | ||||||
| 18 | amendatory Act of the 93rd General Assembly had not been
| ||||||
| 19 | enacted. Upon
receipt of the certification, the System shall | ||||||
| 20 | determine the amount
due to the System based on the full rate | ||||||
| 21 | certified by the Board under
Section 14-135.08 for fiscal year | ||||||
| 22 | 2004 in order to meet the State's
obligation under this | ||||||
| 23 | Section. The System shall compare this amount
due to the amount | ||||||
| 24 | received by the System in fiscal year 2004 through
payments | ||||||
| 25 | under this Section and under Section 6z-61 of the State Finance | ||||||
| 26 | Act.
If the amount
due is more than the amount received, the | ||||||
| |||||||
| |||||||
| 1 | difference shall be termed the
"Fiscal Year 2004 Shortfall" for | ||||||
| 2 | purposes of this Section, and the
Fiscal Year 2004 Shortfall | ||||||
| 3 | shall be satisfied under Section 1.2 of the State
Pension Funds | ||||||
| 4 | Continuing Appropriation Act. If the amount due is less than | ||||||
| 5 | the
amount received, the
difference shall be termed the "Fiscal | ||||||
| 6 | Year 2004 Overpayment" for purposes of
this Section, and the | ||||||
| 7 | Fiscal Year 2004 Overpayment shall be repaid by
the System to | ||||||
| 8 | the Pension Contribution Fund as soon as practicable
after the | ||||||
| 9 | certification.
| ||||||
| 10 | (g) For purposes of determining the required State | ||||||
| 11 | contribution to the System, the value of the System's assets | ||||||
| 12 | shall be equal to the actuarial value of the System's assets, | ||||||
| 13 | which shall be calculated as follows: | ||||||
| 14 | As of June 30, 2008, the actuarial value of the System's | ||||||
| 15 | assets shall be equal to the market value of the assets as of | ||||||
| 16 | that date. In determining the actuarial value of the System's | ||||||
| 17 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
| 18 | gains or losses from investment return incurred in a fiscal | ||||||
| 19 | year shall be recognized in equal annual amounts over the | ||||||
| 20 | 5-year period following that fiscal year. | ||||||
| 21 | (h) For purposes of determining the required State | ||||||
| 22 | contribution to the System for a particular year, the actuarial | ||||||
| 23 | value of assets shall be assumed to earn a rate of return equal | ||||||
| 24 | to the System's actuarially assumed rate of return. | ||||||
| 25 | (i) After the submission of all payments for eligible | ||||||
| 26 | employees from personal services line items paid from the | ||||||
| |||||||
| |||||||
| 1 | General Revenue Fund in fiscal year 2010 have been made, the | ||||||
| 2 | Comptroller shall provide to the System a certification of the | ||||||
| 3 | sum of all fiscal year 2010 expenditures for personal services | ||||||
| 4 | that would have been covered by payments to the System under | ||||||
| 5 | this Section if the provisions of this amendatory Act of the | ||||||
| 6 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
| 7 | certification, the System shall determine the amount due to the | ||||||
| 8 | System based on the full rate certified by the Board under | ||||||
| 9 | Section 14-135.08 for fiscal year 2010 in order to meet the | ||||||
| 10 | State's obligation under this Section. The System shall compare | ||||||
| 11 | this amount due to the amount received by the System in fiscal | ||||||
| 12 | year 2010 through payments under this Section. If the amount | ||||||
| 13 | due is more than the amount received, the difference shall be | ||||||
| 14 | termed the "Fiscal Year 2010 Shortfall" for purposes of this | ||||||
| 15 | Section, and the Fiscal Year 2010 Shortfall shall be satisfied | ||||||
| 16 | under Section 1.2 of the State Pension Funds Continuing | ||||||
| 17 | Appropriation Act. If the amount due is less than the amount | ||||||
| 18 | received, the difference shall be termed the "Fiscal Year 2010 | ||||||
| 19 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
| 20 | 2010 Overpayment shall be repaid by the System to the General | ||||||
| 21 | Revenue Fund as soon as practicable after the certification. | ||||||
| 22 | (j) After the submission of all payments for eligible | ||||||
| 23 | employees from personal services line items paid from the | ||||||
| 24 | General Revenue Fund in fiscal year 2011 have been made, the | ||||||
| 25 | Comptroller shall provide to the System a certification of the | ||||||
| 26 | sum of all fiscal year 2011 expenditures for personal services | ||||||
| |||||||
| |||||||
| 1 | that would have been covered by payments to the System under | ||||||
| 2 | this Section if the provisions of this amendatory Act of the | ||||||
| 3 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
| 4 | certification, the System shall determine the amount due to the | ||||||
| 5 | System based on the full rate certified by the Board under | ||||||
| 6 | Section 14-135.08 for fiscal year 2011 in order to meet the | ||||||
| 7 | State's obligation under this Section. The System shall compare | ||||||
| 8 | this amount due to the amount received by the System in fiscal | ||||||
| 9 | year 2011 through payments under this Section. If the amount | ||||||
| 10 | due is more than the amount received, the difference shall be | ||||||
| 11 | termed the "Fiscal Year 2011 Shortfall" for purposes of this | ||||||
| 12 | Section, and the Fiscal Year 2011 Shortfall shall be satisfied | ||||||
| 13 | under Section 1.2 of the State Pension Funds Continuing | ||||||
| 14 | Appropriation Act. If the amount due is less than the amount | ||||||
| 15 | received, the difference shall be termed the "Fiscal Year 2011 | ||||||
| 16 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
| 17 | 2011 Overpayment shall be repaid by the System to the General | ||||||
| 18 | Revenue Fund as soon as practicable after the certification. | ||||||
| 19 | (k) For fiscal years 2012 through 2017 2016 only, after the | ||||||
| 20 | submission of all payments for eligible employees from personal | ||||||
| 21 | services line items paid from the General Revenue Fund in the | ||||||
| 22 | fiscal year have been made, the Comptroller shall provide to | ||||||
| 23 | the System a certification of the sum of all expenditures in | ||||||
| 24 | the fiscal year for personal services. Upon receipt of the | ||||||
| 25 | certification, the System shall determine the amount due to the | ||||||
| 26 | System based on the full rate certified by the Board under | ||||||
| |||||||
| |||||||
| 1 | Section 14-135.08 for the fiscal year in order to meet the | ||||||
| 2 | State's obligation under this Section. The System shall compare | ||||||
| 3 | this amount due to the amount received by the System for the | ||||||
| 4 | fiscal year. If the amount due is more than the amount | ||||||
| 5 | received, the difference shall be termed the "Prior Fiscal Year | ||||||
| 6 | Shortfall" for purposes of this Section, and the Prior Fiscal | ||||||
| 7 | Year Shortfall shall be satisfied under Section 1.2 of the | ||||||
| 8 | State Pension Funds Continuing Appropriation Act. If the amount | ||||||
| 9 | due is less than the amount received, the difference shall be | ||||||
| 10 | termed the "Prior Fiscal Year Overpayment" for purposes of this | ||||||
| 11 | Section, and the Prior Fiscal Year Overpayment shall be repaid | ||||||
| 12 | by the System to the General Revenue Fund as soon as | ||||||
| 13 | practicable after the certification. | ||||||
| 14 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8, | ||||||
| 15 | eff. 7-9-15.)
| ||||||
| 16 | Section 10-15. The State Pension Funds Continuing | ||||||
| 17 | Appropriation Act is amended by changing Section 1.2 as | ||||||
| 18 | follows:
| ||||||
| 19 | (40 ILCS 15/1.2)
| ||||||
| 20 | Sec. 1.2. Appropriations for the State Employees' | ||||||
| 21 | Retirement System.
| ||||||
| 22 | (a) From each fund from which an amount is appropriated for | ||||||
| 23 | personal
services to a department or other employer under | ||||||
| 24 | Article 14 of the Illinois
Pension Code, there is hereby | ||||||
| |||||||
| |||||||
| 1 | appropriated to that department or other
employer, on a | ||||||
| 2 | continuing annual basis for each State fiscal year, an
| ||||||
| 3 | additional amount equal to the amount, if any, by which (1) an | ||||||
| 4 | amount equal
to the percentage of the personal services line | ||||||
| 5 | item for that department or
employer from that fund for that | ||||||
| 6 | fiscal year that the Board of Trustees of
the State Employees' | ||||||
| 7 | Retirement System of Illinois has certified under Section
| ||||||
| 8 | 14-135.08 of the Illinois Pension Code to be necessary to meet | ||||||
| 9 | the State's
obligation under Section 14-131 of the Illinois | ||||||
| 10 | Pension Code for that fiscal
year, exceeds (2) the amounts | ||||||
| 11 | otherwise appropriated to that department or
employer from that | ||||||
| 12 | fund for State contributions to the State Employees'
Retirement | ||||||
| 13 | System for that fiscal year.
From the effective
date of this | ||||||
| 14 | amendatory Act of the 93rd General Assembly
through the final | ||||||
| 15 | payment from a department or employer's
personal services line | ||||||
| 16 | item for fiscal year 2004, payments to
the State Employees' | ||||||
| 17 | Retirement System that otherwise would
have been made under | ||||||
| 18 | this subsection (a) shall be governed by
the provisions in | ||||||
| 19 | subsection (a-1).
| ||||||
| 20 | (a-1) If a Fiscal Year 2004 Shortfall is certified under | ||||||
| 21 | subsection (f) of
Section 14-131 of the Illinois Pension Code, | ||||||
| 22 | there is hereby appropriated
to the State Employees' Retirement | ||||||
| 23 | System of Illinois on a
continuing basis from the General | ||||||
| 24 | Revenue Fund an additional
aggregate amount equal to the Fiscal | ||||||
| 25 | Year 2004 Shortfall.
| ||||||
| 26 | (a-2) If a Fiscal Year 2010 Shortfall is certified under | ||||||
| |||||||
| |||||||
| 1 | subsection (i) of Section 14-131 of the Illinois Pension Code, | ||||||
| 2 | there is hereby appropriated to the State Employees' Retirement | ||||||
| 3 | System of Illinois on a continuing basis from the General | ||||||
| 4 | Revenue Fund an additional aggregate amount equal to the Fiscal | ||||||
| 5 | Year 2010 Shortfall. | ||||||
| 6 | (a-3) If a Fiscal Year 2016 Shortfall is certified under | ||||||
| 7 | subsection (k) of Section 14-131 of the Illinois Pension Code, | ||||||
| 8 | there is hereby appropriated to the State Employees' Retirement | ||||||
| 9 | System of Illinois on a continuing basis from the General | ||||||
| 10 | Revenue Fund an additional aggregate amount equal to the Fiscal | ||||||
| 11 | Year 2016 Shortfall. | ||||||
| 12 | (b) The continuing appropriations provided for by this | ||||||
| 13 | Section shall first
be available in State fiscal year 1996.
| ||||||
| 14 | (c) Beginning in Fiscal Year 2005, any continuing | ||||||
| 15 | appropriation under this Section arising out of an | ||||||
| 16 | appropriation for personal services from the Road Fund to the | ||||||
| 17 | Department of State Police or the Secretary of State shall be | ||||||
| 18 | payable from the General Revenue Fund rather than the Road | ||||||
| 19 | Fund.
| ||||||
| 20 | (d) For State fiscal year 2010 only, a continuing | ||||||
| 21 | appropriation is provided to the State Employees' Retirement | ||||||
| 22 | System equal to the amount certified by the System on or before | ||||||
| 23 | December 31, 2008, less the gross proceeds of the bonds sold in | ||||||
| 24 | fiscal year 2010 under the authorization contained in | ||||||
| 25 | subsection (a) of Section 7.2 of the General Obligation Bond | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (e) For State fiscal year 2011 only, the continuing | ||||||
| 2 | appropriation under this Section provided to the State | ||||||
| 3 | Employees' Retirement System is limited to an amount equal to | ||||||
| 4 | the amount certified by the System on or before December 31, | ||||||
| 5 | 2009, less any amounts received pursuant to subsection (a-3) of | ||||||
| 6 | Section 14.1 of the State Finance Act. | ||||||
| 7 | (f) For State fiscal year 2011 only, a continuing
| ||||||
| 8 | appropriation is provided to the State Employees' Retirement
| ||||||
| 9 | System equal to the amount certified by the System on or before
| ||||||
| 10 | April 1, 2011, less the gross proceeds of the bonds sold in
| ||||||
| 11 | fiscal year 2011 under the authorization contained in
| ||||||
| 12 | subsection (a) of Section 7.2 of the General Obligation Bond
| ||||||
| 13 | Act. | ||||||
| 14 | (Source: P.A. 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
| ||||||
| 15 | Section 10-20. The Uniform Disposition of Unclaimed | ||||||
| 16 | Property Act is amended by changing Section 18 as follows:
| ||||||
| 17 | (765 ILCS 1025/18) (from Ch. 141, par. 118)
| ||||||
| 18 | Sec. 18. Deposit of funds received under the Act.
| ||||||
| 19 | (a) The State Treasurer shall retain all funds received | ||||||
| 20 | under this Act,
including the proceeds from
the sale of | ||||||
| 21 | abandoned property under Section 17, in a trust fund known as | ||||||
| 22 | the Unclaimed Property Trust Fund. The State Treasurer may | ||||||
| 23 | deposit any amount in the Unclaimed Property Trust Fund into | ||||||
| 24 | the State Pensions Fund during the fiscal year at his or her | ||||||
| |||||||
| |||||||
| 1 | discretion; however, he or she shall,
on April 15 and October | ||||||
| 2 | 15 of each year, deposit any amount in the Unclaimed Property | ||||||
| 3 | Trust Fund trust fund
exceeding $2,500,000 into the State | ||||||
| 4 | Pensions Fund. If on either April 15 or October 15, the State | ||||||
| 5 | Treasurer determines that a balance of $2,500,000 is | ||||||
| 6 | insufficient for the prompt payment of unclaimed property | ||||||
| 7 | claims authorized under this Act, the Treasurer may retain more | ||||||
| 8 | than $2,500,000 in the Unclaimed Property Trust Fund in order | ||||||
| 9 | to ensure the prompt payment of claims. Beginning in State | ||||||
| 10 | fiscal year 2018 2017, all amounts that are deposited into the | ||||||
| 11 | State Pensions Fund from the Unclaimed Property Trust Fund | ||||||
| 12 | shall be apportioned to the designated retirement systems as | ||||||
| 13 | provided in subsection (c-6) of Section 8.12 of the State | ||||||
| 14 | Finance Act to reduce their actuarial reserve deficiencies. He | ||||||
| 15 | or she shall make prompt payment of claims he or she
duly | ||||||
| 16 | allows as provided for in this Act for the Unclaimed Property | ||||||
| 17 | Trust Fund trust fund.
Before making the deposit the State | ||||||
| 18 | Treasurer
shall record the name and last known address of each | ||||||
| 19 | person appearing from the
holders' reports to be entitled to | ||||||
| 20 | the abandoned property. The record shall be
available for | ||||||
| 21 | public inspection during reasonable business
hours.
| ||||||
| 22 | (b) Before making any deposit to the credit of the State | ||||||
| 23 | Pensions Fund,
the State Treasurer may deduct: (1) any costs in | ||||||
| 24 | connection with sale of
abandoned property, (2) any costs of | ||||||
| 25 | mailing and publication in connection with
any abandoned | ||||||
| 26 | property, and (3) any costs in connection with the maintenance | ||||||
| |||||||
| |||||||
| 1 | of
records or disposition of claims made pursuant to this Act. | ||||||
| 2 | The State
Treasurer shall semiannually file an itemized report | ||||||
| 3 | of all such expenses with
the Legislative Audit Commission.
| ||||||
| 4 | (Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674, | ||||||
| 5 | eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15.)
| ||||||
| 6 | ARTICLE 20. GRANT ACCOUNTABILITY AND TRANSPARENCY ACT | ||||||
| 7 | Section 20-5. The State Finance Act is amended by adding | ||||||
| 8 | Section 6z-101 as follows:
| ||||||
| 9 | (30 ILCS 105/6z-101 new) | ||||||
| 10 | Sec. 6z-101. The Grant Accountability and Transparency | ||||||
| 11 | Fund. | ||||||
| 12 | (a) The Grant Accountability and Transparency Fund is | ||||||
| 13 | hereby created in the State Treasury. The following moneys | ||||||
| 14 | shall be deposited into the Fund: | ||||||
| 15 | (1) grants, awards, appropriations, cost sharings, | ||||||
| 16 | inter-fund transfers, gifts, and bequests from any source, | ||||||
| 17 | public or private, in support of activities authorized | ||||||
| 18 | under the Grant Accountability and Transparency Act; | ||||||
| 19 | (2) federal funds received as a result of cost
| ||||||
| 20 | allocation or indirect cost reimbursements; | ||||||
| 21 | (3) interest earned on moneys in the Fund; and | ||||||
| 22 | (4) receipts or inter-fund transfers resulting from | ||||||
| 23 | billings issued by the Governor's Office of Management and | ||||||
| |||||||
| |||||||
| 1 | Budget to State agencies for the costs of services rendered | ||||||
| 2 | pursuant to the Grant Accountability and Transparency Act. | ||||||
| 3 | (b) State agencies may direct the Comptroller to process | ||||||
| 4 | inter-fund transfers or make payment through the voucher and | ||||||
| 5 | warrant process to the Grant Accountability and Transparency | ||||||
| 6 | Fund in satisfaction of billings issued under subsection (a). | ||||||
| 7 | (c) Moneys in the Grant Accountability and Transparency | ||||||
| 8 | Fund may be used by the Governor's Office of Management and | ||||||
| 9 | Budget for costs in support of the implementation and | ||||||
| 10 | administration of the Grant Accountability and Transparency | ||||||
| 11 | Act and Budgeting for Results. | ||||||
| 12 | (d) The Governor's Office of Management and Budget may | ||||||
| 13 | require reports from State agencies as deemed necessary to | ||||||
| 14 | perform cost allocation reconciliations in connection with | ||||||
| 15 | services provided and expenses incurred in the administration | ||||||
| 16 | of the Grant Accountability and Transparency Act. In the event | ||||||
| 17 | that, in any fiscal year, the payments or inter-fund transfers | ||||||
| 18 | are in excess of the costs of services provided in that fiscal | ||||||
| 19 | year, the Governor's Office of Management and Budget may use | ||||||
| 20 | one or a combination of the following methods to return excess | ||||||
| 21 | funds: | ||||||
| 22 | (1) order that the amounts owed by the State agency
in | ||||||
| 23 | the following fiscal year be offset against such excess | ||||||
| 24 | amount; | ||||||
| 25 | (2) direct the Comptroller to process an inter-fund
| ||||||
| 26 | transfer; or | ||||||
| |||||||
| |||||||
| 1 | (3) make a refund payment.
| ||||||
| 2 | Section 20-10. The Grant Accountability and Transparency | ||||||
| 3 | Act is amended by changing Sections 20, 25, 55, 85, 90, and 100 | ||||||
| 4 | as follows:
| ||||||
| 5 | (30 ILCS 708/20) | ||||||
| 6 | (Section scheduled to be repealed on July 16, 2019)
| ||||||
| 7 | Sec. 20. Adoption of federal rules applicable to grants. | ||||||
| 8 | (a) On or before July 1, 2016 2015, the Governor's Office | ||||||
| 9 | of Management and Budget, with the advice and technical | ||||||
| 10 | assistance of the Illinois Single Audit Commission, shall adopt | ||||||
| 11 | rules which adopt the Uniform Guidance at 2 CFR 200. The rules, | ||||||
| 12 | which shall apply to all State and federal pass-through awards | ||||||
| 13 | effective on and after July 1, 2016 2015, shall include the | ||||||
| 14 | following:
| ||||||
| 15 | (1) Administrative requirements. In accordance with | ||||||
| 16 | Subparts B through D of 2 CFR 200, the rules shall set | ||||||
| 17 | forth the uniform administrative requirements for grant | ||||||
| 18 | and cooperative agreements, including the requirements for | ||||||
| 19 | the management by State awarding agencies of federal grant | ||||||
| 20 | programs before State and federal pass-through awards have | ||||||
| 21 | been made and requirements that State awarding agencies may | ||||||
| 22 | impose on non-federal entities in State and federal | ||||||
| 23 | pass-through awards.
| ||||||
| 24 | (2) Cost principles. In accordance with Subpart E of 2 | ||||||
| |||||||
| |||||||
| 1 | CFR 200, the rules shall establish principles for | ||||||
| 2 | determining the allowable costs incurred by non-federal | ||||||
| 3 | entities under State and federal pass-through awards. The | ||||||
| 4 | principles are intended for cost determination, but are not | ||||||
| 5 | intended to identify the circumstances or dictate the | ||||||
| 6 | extent of State or federal pass-through participation in | ||||||
| 7 | financing a particular program or project. The principles | ||||||
| 8 | shall provide that State and federal awards bear their fair | ||||||
| 9 | share of cost recognized under these principles, except | ||||||
| 10 | where restricted or prohibited by State or federal law.
| ||||||
| 11 | (3) Audit and single audit requirements and audit | ||||||
| 12 | follow-up. In accordance with Subpart F of 2 CFR 200 and | ||||||
| 13 | the federal Single Audit Act Amendments of 1996, the rules | ||||||
| 14 | shall set forth standards to obtain consistency and | ||||||
| 15 | uniformity among State and federal pass-through awarding | ||||||
| 16 | agencies for the audit of non-federal entities expending | ||||||
| 17 | State and federal awards. These provisions shall also set | ||||||
| 18 | forth the policies and procedures for State and federal | ||||||
| 19 | pass-through entities when using the results of these | ||||||
| 20 | audits. | ||||||
| 21 | The provisions of this item (3) do not apply to | ||||||
| 22 | for-profit subrecipients because for-profit subrecipients | ||||||
| 23 | are not subject to the requirements of OMB Circular A-133, | ||||||
| 24 | Audits of States, Local and Non-Profit Organizations. | ||||||
| 25 | Audits of for-profit subrecipients must be conducted | ||||||
| 26 | pursuant to a Program Audit Guide issued by the Federal | ||||||
| |||||||
| |||||||
| 1 | awarding agency. If a Program Audit Guide is not available, | ||||||
| 2 | the State awarding agency must prepare a Program Audit | ||||||
| 3 | Guide in accordance with the OMB Circular A-133 Compliance | ||||||
| 4 | Supplement. For-profit entities are subject to all other | ||||||
| 5 | general administrative requirements and cost principles | ||||||
| 6 | applicable to grants. | ||||||
| 7 | (b) This Act addresses only State and federal pass-through | ||||||
| 8 | auditing functions and does not address the external audit | ||||||
| 9 | function of the Auditor General. | ||||||
| 10 | (c) For public institutions of higher education, the | ||||||
| 11 | provisions of this Section apply only to awards funded by State | ||||||
| 12 | appropriations and federal pass-through awards from a State | ||||||
| 13 | agency to public institutions of higher education. Federal | ||||||
| 14 | pass-through awards from a State agency to public institutions | ||||||
| 15 | of higher education are governed by and must comply with | ||||||
| 16 | federal guidelines under 2 CFR 200. | ||||||
| 17 | (d) The State grant-making agency is responsible for | ||||||
| 18 | establishing requirements, as necessary, to ensure compliance | ||||||
| 19 | by for-profit subrecipients. The agreement with the for-profit | ||||||
| 20 | subrecipient shall describe the applicable compliance | ||||||
| 21 | requirements and the for-profit subrecipient's compliance | ||||||
| 22 | responsibility. Methods to ensure compliance for State and | ||||||
| 23 | federal pass-through awards made to for-profit subrecipients | ||||||
| 24 | shall include pre-award, audits, monitoring during the | ||||||
| 25 | agreement, and post-award audits. The Governor's Office of | ||||||
| 26 | Management and Budget shall provide such advice and technical | ||||||
| |||||||
| |||||||
| 1 | assistance to the State grant-making agency as is necessary or | ||||||
| 2 | indicated.
| ||||||
| 3 | (Source: P.A. 98-706, eff. 7-16-14.)
| ||||||
| 4 | (30 ILCS 708/25) | ||||||
| 5 | (Section scheduled to be repealed on July 16, 2019)
| ||||||
| 6 | Sec. 25. Supplemental rules. On or before July 1, 2017 | ||||||
| 7 | 2015, the Governor's Office of Management and Budget, with the | ||||||
| 8 | advice and technical assistance of the Illinois Single Audit | ||||||
| 9 | Commission, shall adopt supplemental rules pertaining to the | ||||||
| 10 | following: | ||||||
| 11 | (1) Criteria to define mandatory formula-based grants | ||||||
| 12 | and discretionary grants.
| ||||||
| 13 | (2) The award of one-year grants for new applicants.
| ||||||
| 14 | (3) The award of competitive grants in 3-year terms | ||||||
| 15 | (one-year initial terms with the option to renew for up to | ||||||
| 16 | 2 additional years) to coincide with the federal award.
| ||||||
| 17 | (4) The issuance of grants, including:
| ||||||
| 18 | (A) public notice of announcements of funding | ||||||
| 19 | opportunities; | ||||||
| 20 | (B) the development of uniform grant applications;
| ||||||
| 21 | (C) State agency review of merit of proposals and | ||||||
| 22 | risk posed by applicants;
| ||||||
| 23 | (D) specific conditions for individual recipients | ||||||
| 24 | (requiring the use of a fiscal agent and additional | ||||||
| 25 | corrective conditions);
| ||||||
| |||||||
| |||||||
| 1 | (E) certifications and representations;
| ||||||
| 2 | (F) pre-award costs;
| ||||||
| 3 | (G) performance measures and statewide prioritized | ||||||
| 4 | goals under Section 50-25 of the State Budget Law of | ||||||
| 5 | the Civil Administrative Code of Illinois, commonly | ||||||
| 6 | referred to as "Budgeting for Results"; and
| ||||||
| 7 | (H) for mandatory formula grants, the merit of the | ||||||
| 8 | proposal and the risk posed should result in additional | ||||||
| 9 | reporting, monitoring, or measures such as | ||||||
| 10 | reimbursement-basis only.
| ||||||
| 11 | (5) The development of uniform budget requirements, | ||||||
| 12 | which shall include:
| ||||||
| 13 | (A) mandatory submission of budgets as part of the | ||||||
| 14 | grant application process;
| ||||||
| 15 | (B) mandatory requirements regarding contents of | ||||||
| 16 | the budget including, at a minimum, common detail line | ||||||
| 17 | items specified under guidelines issued by the | ||||||
| 18 | Governor's Office of Management and Budget; | ||||||
| 19 | (C) a requirement that the budget allow | ||||||
| 20 | flexibility to add lines describing costs that are | ||||||
| 21 | common for the services provided as outlined in the | ||||||
| 22 | grant application; | ||||||
| 23 | (D) a requirement that the budget include | ||||||
| 24 | information necessary for analyzing cost and | ||||||
| 25 | performance for use in the Budgeting for Results | ||||||
| 26 | initiative; and | ||||||
| |||||||
| |||||||
| 1 | (E) caps on the amount of salaries that may be | ||||||
| 2 | charged to grants based on the limitations imposed by | ||||||
| 3 | federal agencies. | ||||||
| 4 | (6) The development of pre-qualification requirements | ||||||
| 5 | for applicants, including the fiscal condition of the | ||||||
| 6 | organization and the provision of the following | ||||||
| 7 | information:
| ||||||
| 8 | (A) organization name;
| ||||||
| 9 | (B) Federal Employee Identification Number;
| ||||||
| 10 | (C) Data Universal Numbering System (DUNS) number;
| ||||||
| 11 | (D) fiscal condition;
| ||||||
| 12 | (E) whether the applicant is in good standing with | ||||||
| 13 | the Secretary of State;
| ||||||
| 14 | (F) past performance in administering grants;
| ||||||
| 15 | (G) whether the applicant is or has ever been on | ||||||
| 16 | the Debarred and Suspended List maintained by the | ||||||
| 17 | Governor's Office of Management and Budget;
| ||||||
| 18 | (H) whether the applicant is or has ever been on | ||||||
| 19 | the federal Excluded Parties List; and | ||||||
| 20 | (I) whether the applicant is or has ever been on | ||||||
| 21 | the Sanctioned Party List maintained by the Illinois | ||||||
| 22 | Department of Healthcare and Family Services.
| ||||||
| 23 | Nothing in this Act affects the provisions of the Fiscal | ||||||
| 24 | Control and Internal Auditing Act nor the requirement that the | ||||||
| 25 | management of each State agency is responsible for maintaining | ||||||
| 26 | effective internal controls under that Act. | ||||||
| |||||||
| |||||||
| 1 | For public institutions of higher education, the | ||||||
| 2 | provisions of this Section apply only to awards funded by State | ||||||
| 3 | appropriations and federal pass-through awards from a State | ||||||
| 4 | agency to public institutions of higher education.
| ||||||
| 5 | (Source: P.A. 98-706, eff. 7-16-14.)
| ||||||
| 6 | (30 ILCS 708/55) | ||||||
| 7 | (Section scheduled to be repealed on July 16, 2019)
| ||||||
| 8 | Sec. 55. The Governor's Office of Management and Budget | ||||||
| 9 | responsibilities.
| ||||||
| 10 | (a) The Governor's Office of Management and Budget shall: | ||||||
| 11 | (1) provide technical assistance and interpretations | ||||||
| 12 | of policy requirements in order to ensure effective and | ||||||
| 13 | efficient implementation of this Act by State grant-making | ||||||
| 14 | agencies; and | ||||||
| 15 | (2) have authority to approve any exceptions to the | ||||||
| 16 | requirements of this Act and shall adopt rules governing | ||||||
| 17 | the criteria to be considered when an exception is | ||||||
| 18 | requested; exceptions shall only be made in particular | ||||||
| 19 | cases where adequate justification is presented. | ||||||
| 20 | (b) The Governor's Office of Management and Budget shall, | ||||||
| 21 | on or before July 1, 2016 2014, establish a centralized unit | ||||||
| 22 | within the Governor's Office of Management and Budget. The | ||||||
| 23 | centralized unit shall be known as the Grant Accountability and | ||||||
| 24 | Transparency Unit and shall be funded with a portion of the | ||||||
| 25 | administrative funds provided under existing and future State | ||||||
| |||||||
| |||||||
| 1 | and federal pass-through grants.
The amounts charged will be | ||||||
| 2 | allocated based on the actual cost of the services provided to | ||||||
| 3 | State grant-making agencies and public institutions of higher | ||||||
| 4 | education in accordance with the applicable federal cost | ||||||
| 5 | principles contained in 2 CFR 200 and this Act will not cause | ||||||
| 6 | the reduction in the amount of any State or federal grant | ||||||
| 7 | awards that have been or will be directed towards State | ||||||
| 8 | agencies or public institutions of higher education.
| ||||||
| 9 | (Source: P.A. 98-706, eff. 7-16-14.)
| ||||||
| 10 | (30 ILCS 708/85) | ||||||
| 11 | (Section scheduled to be repealed on July 16, 2019)
| ||||||
| 12 | Sec. 85. Implementation date. The Governor's Office of | ||||||
| 13 | Management and Budget shall adopt all rules required under this | ||||||
| 14 | Act on or before July 1, 2017 2015.
| ||||||
| 15 | (Source: P.A. 98-706, eff. 7-16-14.)
| ||||||
| 16 | (30 ILCS 708/90) | ||||||
| 17 | (Section scheduled to be repealed on July 16, 2019)
| ||||||
| 18 | Sec. 90. Agency implementation. All State grant-making | ||||||
| 19 | agencies shall implement the rules issued by the Governor's | ||||||
| 20 | Office of Management and Budget on or before July 1, 2017 2015. | ||||||
| 21 | The standards set forth in this Act, which affect | ||||||
| 22 | administration of State and federal pass-through awards issued | ||||||
| 23 | by State grant-making agencies, become effective once | ||||||
| 24 | implemented by State grant-making agencies. State grant-making | ||||||
| |||||||
| |||||||
| 1 | agencies shall implement the policies and procedures | ||||||
| 2 | applicable to State and federal pass-through awards by adopting | ||||||
| 3 | rules for non-federal entities by December 31, 2017 that shall | ||||||
| 4 | take effect for fiscal years on and after December 26, 2014, | ||||||
| 5 | unless different provisions are required by State or federal | ||||||
| 6 | statute or federal rule.
| ||||||
| 7 | (Source: P.A. 98-706, eff. 7-16-14.)
| ||||||
| 8 | (30 ILCS 708/100) | ||||||
| 9 | (Section scheduled to be repealed on July 16, 2019)
| ||||||
| 10 | Sec. 100. Repeal. This Act is repealed on July 16, 2020 5 | ||||||
| 11 | years after the effective date of this Act.
| ||||||
| 12 | (Source: P.A. 98-706, eff. 7-16-14.)
| ||||||
| 13 | ARTICLE 25. REFUNDING BONDS | ||||||
| 14 | Section 25-5. The General Obligation Bond Act is amended by | ||||||
| 15 | changing Sections 2.5, 9, 11, and 16 as follows:
| ||||||
| 16 | (30 ILCS 330/2.5) | ||||||
| 17 | Sec. 2.5. Limitation on issuance of Bonds. | ||||||
| 18 | (a) Except as provided in subsection (b), no Bonds may be | ||||||
| 19 | issued if, after the issuance, in the next State fiscal year | ||||||
| 20 | after the issuance of the Bonds, the amount of debt service | ||||||
| 21 | (including principal, whether payable at maturity or pursuant | ||||||
| 22 | to mandatory sinking fund installments, and interest) on all | ||||||
| |||||||
| |||||||
| 1 | then-outstanding Bonds, other than Bonds authorized by Public | ||||||
| 2 | Act 96-43 and other than Bonds authorized by Public Act 96-1497 | ||||||
| 3 | this amendatory Act of the 96th General Assembly, would exceed | ||||||
| 4 | 7% of the aggregate appropriations from the general funds | ||||||
| 5 | (which consist of the General Revenue Fund, the Common School | ||||||
| 6 | Fund, the General Revenue Common School Special Account Fund, | ||||||
| 7 | and the Education Assistance Fund) and the Road Fund for the | ||||||
| 8 | fiscal year immediately prior to the fiscal year of the | ||||||
| 9 | issuance. | ||||||
| 10 | (b) If the Comptroller and Treasurer each consent in | ||||||
| 11 | writing, Bonds may be issued even if the issuance does not | ||||||
| 12 | comply with subsection (a). In addition, $2,000,000,000 in | ||||||
| 13 | Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, | ||||||
| 14 | and $2,000,000,000 in Refunding Bonds under Section 16, may be | ||||||
| 15 | issued during State fiscal year 2017 without complying with | ||||||
| 16 | subsection (a).
| ||||||
| 17 | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11.)
| ||||||
| 18 | (30 ILCS 330/9) (from Ch. 127, par. 659)
| ||||||
| 19 | Sec. 9. Conditions for Issuance and Sale of Bonds - | ||||||
| 20 | Requirements for
Bonds. | ||||||
| 21 | (a) Except as otherwise provided in this subsection, Bonds | ||||||
| 22 | shall be issued and sold from time to time, in one or
more | ||||||
| 23 | series, in such amounts and at such prices as may be directed | ||||||
| 24 | by the
Governor, upon recommendation by the Director of the
| ||||||
| 25 | Governor's Office of Management and Budget.
Bonds shall be in | ||||||
| |||||||
| |||||||
| 1 | such form (either coupon, registered or book entry), in
such | ||||||
| 2 | denominations, payable within 25 years from their date, subject | ||||||
| 3 | to such
terms of redemption with or without premium, bear | ||||||
| 4 | interest payable at
such times and at such fixed or variable | ||||||
| 5 | rate or rates, and be dated
as shall be fixed and determined by | ||||||
| 6 | the Director of
the
Governor's Office of Management and Budget
| ||||||
| 7 | in the order authorizing the issuance and sale
of any series of | ||||||
| 8 | Bonds, which order shall be approved by the Governor
and is | ||||||
| 9 | herein called a "Bond Sale Order"; provided however, that | ||||||
| 10 | interest
payable at fixed or variable rates shall not exceed | ||||||
| 11 | that permitted in the
Bond Authorization Act, as now or | ||||||
| 12 | hereafter amended. Bonds shall be
payable at such place or | ||||||
| 13 | places, within or without the State of Illinois, and
may be | ||||||
| 14 | made registrable as to either principal or as to both principal | ||||||
| 15 | and
interest, as shall be specified in the Bond Sale Order. | ||||||
| 16 | Bonds may be callable
or subject to purchase and retirement or | ||||||
| 17 | tender and remarketing as fixed
and determined in the Bond Sale | ||||||
| 18 | Order. Bonds, other than Bonds issued under Section 3 of this | ||||||
| 19 | Act for the costs associated with the purchase and | ||||||
| 20 | implementation of information technology, (i) except for | ||||||
| 21 | refunding Bonds satisfying the requirements of Section 16 of | ||||||
| 22 | this Act and sold during fiscal year 2009, 2010, or 2011, or | ||||||
| 23 | 2017 must be issued with principal or mandatory redemption | ||||||
| 24 | amounts in equal amounts, with the first maturity issued | ||||||
| 25 | occurring within the fiscal year in which the Bonds are issued | ||||||
| 26 | or within the next succeeding fiscal year and (ii) must mature | ||||||
| |||||||
| |||||||
| 1 | or be subject to mandatory redemption each fiscal year | ||||||
| 2 | thereafter up to 25 years, except for refunding Bonds | ||||||
| 3 | satisfying the requirements of Section 16 of this Act and sold | ||||||
| 4 | during fiscal year 2009, 2010, or 2011 which must mature or be | ||||||
| 5 | subject to mandatory redemption each fiscal year thereafter up | ||||||
| 6 | to 16 years. Bonds issued under Section 3 of this Act for the | ||||||
| 7 | costs associated with the purchase and implementation of | ||||||
| 8 | information technology must be issued with principal or | ||||||
| 9 | mandatory redemption amounts in equal amounts, with the first | ||||||
| 10 | maturity issued occurring with the fiscal year in which the | ||||||
| 11 | respective bonds are issued or with the next succeeding fiscal | ||||||
| 12 | year, with the respective bonds issued maturing or subject to | ||||||
| 13 | mandatory redemption each fiscal year thereafter up to 10 | ||||||
| 14 | years. Notwithstanding any provision of this Act to the | ||||||
| 15 | contrary, the Bonds authorized by Public Act 96-43 shall be | ||||||
| 16 | payable within 5 years from their date and must be issued with | ||||||
| 17 | principal or mandatory redemption amounts in equal amounts, | ||||||
| 18 | with payment of principal or mandatory redemption beginning in | ||||||
| 19 | the first fiscal year following the fiscal year in which the | ||||||
| 20 | Bonds are issued.
| ||||||
| 21 | Notwithstanding any provision of this Act to the contrary, | ||||||
| 22 | the Bonds authorized by Public Act 96-1497 shall be payable | ||||||
| 23 | within 8 years from their date and shall be issued with payment | ||||||
| 24 | of maturing principal or scheduled mandatory redemptions in | ||||||
| 25 | accordance with the following schedule, except the following | ||||||
| 26 | amounts shall be prorated if less than the total additional | ||||||
| |||||||
| |||||||
| 1 | amount of Bonds authorized by Public Act 96-1497 are issued: | ||||||
| 2 | Fiscal Year After Issuance Amount | ||||||
| 3 | 1-2 $0 | ||||||
| 4 | 3 $110,712,120 | ||||||
| 5 | 4 $332,136,360 | ||||||
| 6 | 5 $664,272,720 | ||||||
| 7 | 6-8 $996,409,080 | ||||||
| 8 | In the case of any series of Bonds bearing interest at a | ||||||
| 9 | variable interest
rate ("Variable Rate Bonds"), in lieu of | ||||||
| 10 | determining the rate or rates at which
such series of Variable | ||||||
| 11 | Rate Bonds shall bear interest and the price or prices
at which | ||||||
| 12 | such Variable Rate Bonds shall be initially sold or remarketed | ||||||
| 13 | (in the
event of purchase and subsequent resale), the Bond Sale | ||||||
| 14 | Order may provide that
such interest rates and prices may vary | ||||||
| 15 | from time to time depending on criteria
established in such | ||||||
| 16 | Bond Sale Order, which criteria may include, without
| ||||||
| 17 | limitation, references to indices or variations in interest | ||||||
| 18 | rates as may, in
the judgment of a remarketing agent, be | ||||||
| 19 | necessary to cause Variable Rate Bonds
of such series to be | ||||||
| 20 | remarketable from time to time at a price equal to their
| ||||||
| 21 | principal amount, and may provide for appointment of a bank, | ||||||
| 22 | trust company,
investment bank, or other financial institution | ||||||
| 23 | to serve as remarketing agent
in that connection.
The Bond Sale | ||||||
| 24 | Order may provide that alternative interest rates or provisions
| ||||||
| 25 | for establishing alternative interest rates, different | ||||||
| 26 | security or claim
priorities, or different call or amortization | ||||||
| |||||||
| |||||||
| 1 | provisions will apply during
such times as Variable Rate Bonds | ||||||
| 2 | of any series are held by a person providing
credit or | ||||||
| 3 | liquidity enhancement arrangements for such Bonds as | ||||||
| 4 | authorized in
subsection (b) of this Section.
The Bond Sale | ||||||
| 5 | Order may also provide for such variable interest rates to be
| ||||||
| 6 | established pursuant to a process generally known as an auction | ||||||
| 7 | rate process
and may provide for appointment of one or more | ||||||
| 8 | financial institutions to serve
as auction agents and | ||||||
| 9 | broker-dealers in connection with the establishment of
such | ||||||
| 10 | interest rates and the sale and remarketing of such Bonds.
| ||||||
| 11 | (b) In connection with the issuance of any series of Bonds, | ||||||
| 12 | the State may
enter into arrangements to provide additional | ||||||
| 13 | security and liquidity for such
Bonds, including, without | ||||||
| 14 | limitation, bond or interest rate insurance or
letters of | ||||||
| 15 | credit, lines of credit, bond purchase contracts, or other
| ||||||
| 16 | arrangements whereby funds are made available to retire or | ||||||
| 17 | purchase Bonds,
thereby assuring the ability of owners of the | ||||||
| 18 | Bonds to sell or redeem their
Bonds. The State may enter into | ||||||
| 19 | contracts and may agree to pay fees to persons
providing such | ||||||
| 20 | arrangements, but only under circumstances where the Director | ||||||
| 21 | of
the
Governor's Office of Management and Budget certifies | ||||||
| 22 | that he or she reasonably expects the total
interest paid or to | ||||||
| 23 | be paid on the Bonds, together with the fees for the
| ||||||
| 24 | arrangements (being treated as if interest), would not, taken | ||||||
| 25 | together, cause
the Bonds to bear interest, calculated to their | ||||||
| 26 | stated maturity, at a rate in
excess of the rate that the Bonds | ||||||
| |||||||
| |||||||
| 1 | would bear in the absence of such
arrangements.
| ||||||
| 2 | The State may, with respect to Bonds issued or anticipated | ||||||
| 3 | to be issued,
participate in and enter into arrangements with | ||||||
| 4 | respect to interest rate
protection or exchange agreements, | ||||||
| 5 | guarantees, or financial futures contracts
for the purpose of | ||||||
| 6 | limiting, reducing, or managing interest rate exposure.
The | ||||||
| 7 | authority granted under this paragraph, however, shall not | ||||||
| 8 | increase the principal amount of Bonds authorized to be issued | ||||||
| 9 | by law. The arrangements may be executed and delivered by the | ||||||
| 10 | Director
of the
Governor's Office of Management and Budget on | ||||||
| 11 | behalf of the State. Net payments for such
arrangements shall | ||||||
| 12 | constitute interest on the Bonds and shall be paid from the
| ||||||
| 13 | General Obligation Bond Retirement and Interest Fund. The | ||||||
| 14 | Director of the
Governor's Office of Management and Budget | ||||||
| 15 | shall at least annually certify to the Governor and
the
State | ||||||
| 16 | Comptroller his or her estimate of the amounts of such net | ||||||
| 17 | payments to
be included in the calculation of interest required | ||||||
| 18 | to be paid by the State.
| ||||||
| 19 | (c) Prior to the issuance of any Variable Rate Bonds | ||||||
| 20 | pursuant to
subsection (a), the Director of the
Governor's | ||||||
| 21 | Office of Management and Budget shall adopt an
interest rate | ||||||
| 22 | risk management policy providing that the amount of the State's
| ||||||
| 23 | variable rate exposure with respect to Bonds shall not exceed | ||||||
| 24 | 20%. This policy
shall remain in effect while any Bonds are | ||||||
| 25 | outstanding and the issuance of
Bonds
shall be subject to the | ||||||
| 26 | terms of such policy. The terms of this policy may be
amended | ||||||
| |||||||
| |||||||
| 1 | from time to time by the Director of the
Governor's Office of | ||||||
| 2 | Management and Budget but in no
event shall any amendment cause | ||||||
| 3 | the permitted level of the State's variable
rate exposure with | ||||||
| 4 | respect to Bonds to exceed 20%.
| ||||||
| 5 | (d) "Build America Bonds" in this Section means Bonds | ||||||
| 6 | authorized by Section 54AA of the Internal Revenue Code of | ||||||
| 7 | 1986, as amended ("Internal Revenue Code"), and bonds issued | ||||||
| 8 | from time to time to refund or continue to refund "Build | ||||||
| 9 | America Bonds". | ||||||
| 10 | (e) Notwithstanding any other provision of this Section, | ||||||
| 11 | Qualified School Construction Bonds shall be issued and sold | ||||||
| 12 | from time to time, in one or more series, in such amounts and | ||||||
| 13 | at such prices as may be directed by the Governor, upon | ||||||
| 14 | recommendation by the Director of the Governor's Office of | ||||||
| 15 | Management and Budget. Qualified School Construction Bonds | ||||||
| 16 | shall be in such form (either coupon, registered or book | ||||||
| 17 | entry), in such denominations, payable within 25 years from | ||||||
| 18 | their date, subject to such terms of redemption with or without | ||||||
| 19 | premium, and if the Qualified School Construction Bonds are | ||||||
| 20 | issued with a supplemental coupon, bear interest payable at | ||||||
| 21 | such times and at such fixed or variable rate or rates, and be | ||||||
| 22 | dated as shall be fixed and determined by the Director of the | ||||||
| 23 | Governor's Office of Management and Budget in the order | ||||||
| 24 | authorizing the issuance and sale of any series of Qualified | ||||||
| 25 | School Construction Bonds, which order shall be approved by the | ||||||
| 26 | Governor and is herein called a "Bond Sale Order"; except that | ||||||
| |||||||
| |||||||
| 1 | interest payable at fixed or variable rates, if any, shall not | ||||||
| 2 | exceed that permitted in the Bond Authorization Act, as now or | ||||||
| 3 | hereafter amended. Qualified School Construction Bonds shall | ||||||
| 4 | be payable at such place or places, within or without the State | ||||||
| 5 | of Illinois, and may be made registrable as to either principal | ||||||
| 6 | or as to both principal and interest, as shall be specified in | ||||||
| 7 | the Bond Sale Order. Qualified School Construction Bonds may be | ||||||
| 8 | callable or subject to purchase and retirement or tender and | ||||||
| 9 | remarketing as fixed and determined in the Bond Sale Order. | ||||||
| 10 | Qualified School Construction Bonds must be issued with | ||||||
| 11 | principal or mandatory redemption amounts or sinking fund | ||||||
| 12 | payments into the General Obligation Bond Retirement and | ||||||
| 13 | Interest Fund (or subaccount therefor) in equal amounts, with | ||||||
| 14 | the first maturity issued, mandatory redemption payment or | ||||||
| 15 | sinking fund payment occurring within the fiscal year in which | ||||||
| 16 | the Qualified School Construction Bonds are issued or within | ||||||
| 17 | the next succeeding fiscal year, with Qualified School | ||||||
| 18 | Construction Bonds issued maturing or subject to mandatory | ||||||
| 19 | redemption or with sinking fund payments thereof deposited each | ||||||
| 20 | fiscal year thereafter up to 25 years. Sinking fund payments | ||||||
| 21 | set forth in this subsection shall be permitted only to the | ||||||
| 22 | extent authorized in Section 54F of the Internal Revenue Code | ||||||
| 23 | or as otherwise determined by the Director of the Governor's | ||||||
| 24 | Office of Management and Budget. "Qualified School | ||||||
| 25 | Construction Bonds" in this subsection means Bonds authorized | ||||||
| 26 | by Section 54F of the Internal Revenue Code and for bonds | ||||||
| |||||||
| |||||||
| 1 | issued from time to time to refund or continue to refund such | ||||||
| 2 | "Qualified School Construction Bonds". | ||||||
| 3 | (f) Beginning with the next issuance by the Governor's | ||||||
| 4 | Office of Management and Budget to the Procurement Policy Board | ||||||
| 5 | of a request for quotation for the purpose of formulating a new | ||||||
| 6 | pool of qualified underwriting banks list, all entities | ||||||
| 7 | responding to such a request for quotation for inclusion on | ||||||
| 8 | that list shall provide a written report to the Governor's | ||||||
| 9 | Office of Management and Budget and the Illinois Comptroller. | ||||||
| 10 | The written report submitted to the Comptroller shall (i) be | ||||||
| 11 | published on the Comptroller's Internet website and (ii) be | ||||||
| 12 | used by the Governor's Office of Management and Budget for the | ||||||
| 13 | purposes of scoring such a request for quotation. The written | ||||||
| 14 | report, at a minimum, shall: | ||||||
| 15 | (1) disclose whether, within the past 3 months, | ||||||
| 16 | pursuant to its credit default swap market-making | ||||||
| 17 | activities, the firm has entered into any State of Illinois | ||||||
| 18 | credit default swaps ("CDS"); | ||||||
| 19 | (2) include, in the event of State of Illinois CDS | ||||||
| 20 | activity, disclosure of the firm's cumulative notional | ||||||
| 21 | volume of State of Illinois CDS trades and the firm's | ||||||
| 22 | outstanding gross and net notional amount of State of | ||||||
| 23 | Illinois CDS, as of the end of the current 3-month period; | ||||||
| 24 | (3) indicate, pursuant to the firm's proprietary | ||||||
| 25 | trading activities, disclosure of whether the firm, within | ||||||
| 26 | the past 3 months, has entered into any proprietary trades | ||||||
| |||||||
| |||||||
| 1 | for its own account in State of Illinois CDS; | ||||||
| 2 | (4) include, in the event of State of Illinois | ||||||
| 3 | proprietary trades, disclosure of the firm's outstanding | ||||||
| 4 | gross and net notional amount of proprietary State of | ||||||
| 5 | Illinois CDS and whether the net position is short or long | ||||||
| 6 | credit protection, as of the end of the current 3-month | ||||||
| 7 | period; | ||||||
| 8 | (5) list all time periods during the past 3 months | ||||||
| 9 | during which the firm held net long or net short State of | ||||||
| 10 | Illinois CDS proprietary credit protection positions, the | ||||||
| 11 | amount of such positions, and whether those positions were | ||||||
| 12 | net long or net short credit protection positions; and | ||||||
| 13 | (6) indicate whether, within the previous 3 months, the | ||||||
| 14 | firm released any publicly available research or marketing | ||||||
| 15 | reports that reference State of Illinois CDS and include | ||||||
| 16 | those research or marketing reports as attachments. | ||||||
| 17 | (g) All entities included on a Governor's Office of | ||||||
| 18 | Management and Budget's pool of qualified underwriting banks | ||||||
| 19 | list shall, as soon as possible after March 18, 2011 (the | ||||||
| 20 | effective date of Public Act 96-1554), but not later than | ||||||
| 21 | January 21, 2011, and on a quarterly fiscal basis thereafter, | ||||||
| 22 | provide a written report to the Governor's Office of Management | ||||||
| 23 | and Budget and the Illinois Comptroller. The written reports | ||||||
| 24 | submitted to the Comptroller shall be published on the | ||||||
| 25 | Comptroller's Internet website. The written reports, at a | ||||||
| 26 | minimum, shall: | ||||||
| |||||||
| |||||||
| 1 | (1) disclose whether, within the past 3 months, | ||||||
| 2 | pursuant to its credit default swap market-making | ||||||
| 3 | activities, the firm has entered into any State of Illinois | ||||||
| 4 | credit default swaps ("CDS"); | ||||||
| 5 | (2) include, in the event of State of Illinois CDS | ||||||
| 6 | activity, disclosure of the firm's cumulative notional | ||||||
| 7 | volume of State of Illinois CDS trades and the firm's | ||||||
| 8 | outstanding gross and net notional amount of State of | ||||||
| 9 | Illinois CDS, as of the end of the current 3-month period; | ||||||
| 10 | (3) indicate, pursuant to the firm's proprietary | ||||||
| 11 | trading activities, disclosure of whether the firm, within | ||||||
| 12 | the past 3 months, has entered into any proprietary trades | ||||||
| 13 | for its own account in State of Illinois CDS; | ||||||
| 14 | (4) include, in the event of State of Illinois | ||||||
| 15 | proprietary trades, disclosure of the firm's outstanding | ||||||
| 16 | gross and net notional amount of proprietary State of | ||||||
| 17 | Illinois CDS and whether the net position is short or long | ||||||
| 18 | credit protection, as of the end of the current 3-month | ||||||
| 19 | period; | ||||||
| 20 | (5) list all time periods during the past 3 months | ||||||
| 21 | during which the firm held net long or net short State of | ||||||
| 22 | Illinois CDS proprietary credit protection positions, the | ||||||
| 23 | amount of such positions, and whether those positions were | ||||||
| 24 | net long or net short credit protection positions; and | ||||||
| 25 | (6) indicate whether, within the previous 3 months, the | ||||||
| 26 | firm released any publicly available research or marketing | ||||||
| |||||||
| |||||||
| 1 | reports that reference State of Illinois CDS and include | ||||||
| 2 | those research or marketing reports as attachments. | ||||||
| 3 | (Source: P.A. 96-18, eff. 6-26-09; 96-37, eff. 7-13-09; 96-43, | ||||||
| 4 | eff. 7-15-09; 96-828, eff. 12-2-09; 96-1497, eff. 1-14-11; | ||||||
| 5 | 96-1554, eff. 3-18-11; 97-813, eff. 7-13-12.)
| ||||||
| 6 | (30 ILCS 330/11) (from Ch. 127, par. 661)
| ||||||
| 7 | Sec. 11. Sale of Bonds. Except as otherwise provided in | ||||||
| 8 | this Section,
Bonds shall be sold from time to time pursuant to
| ||||||
| 9 | notice of sale and public bid or by negotiated sale
in such | ||||||
| 10 | amounts and at such
times as is directed by the Governor, upon | ||||||
| 11 | recommendation by the Director of
the
Governor's Office of | ||||||
| 12 | Management and Budget. At least 25%, based on total principal | ||||||
| 13 | amount, of all Bonds issued each fiscal year shall be sold | ||||||
| 14 | pursuant to notice of sale and public bid. At all times during | ||||||
| 15 | each fiscal year, no more than 75%, based on total principal | ||||||
| 16 | amount, of the Bonds issued each fiscal year, shall have been | ||||||
| 17 | sold by negotiated sale. Failure to satisfy the requirements in | ||||||
| 18 | the preceding 2 sentences shall not affect the validity of any | ||||||
| 19 | previously issued Bonds; provided that all Bonds authorized by | ||||||
| 20 | Public Act 96-43 and Public Act 96-1497 this amendatory Act of | ||||||
| 21 | the 96th General Assembly shall not be included in determining | ||||||
| 22 | compliance for any fiscal year with the requirements of the | ||||||
| 23 | preceding 2 sentences; and further provided that refunding | ||||||
| 24 | Bonds satisfying the requirements of Section 16 of this Act and | ||||||
| 25 | sold during fiscal year 2009, 2010, or 2011, or 2017 shall not | ||||||
| |||||||
| |||||||
| 1 | be subject to the requirements in the preceding 2 sentences.
| ||||||
| 2 | If
any Bonds, including refunding Bonds, are to be sold by | ||||||
| 3 | negotiated
sale, the
Director of the
Governor's Office of | ||||||
| 4 | Management and Budget
shall comply with the
competitive request | ||||||
| 5 | for proposal process set forth in the Illinois
Procurement Code | ||||||
| 6 | and all other applicable requirements of that Code.
| ||||||
| 7 | If Bonds are to be sold pursuant to notice of sale and | ||||||
| 8 | public bid, the
Director of the
Governor's Office of Management | ||||||
| 9 | and Budget may, from time to time, as Bonds are to be sold, | ||||||
| 10 | advertise
the sale of the Bonds in at least 2 daily newspapers, | ||||||
| 11 | one of which is
published in the City of Springfield and one in | ||||||
| 12 | the City of Chicago. The sale
of the Bonds shall also be
| ||||||
| 13 | advertised in the volume of the Illinois Procurement Bulletin | ||||||
| 14 | that is
published by the Department of Central Management | ||||||
| 15 | Services, and shall be published once at least
10 days prior to | ||||||
| 16 | the date fixed
for the opening of the bids. The Director of the
| ||||||
| 17 | Governor's Office of Management and Budget may
reschedule the | ||||||
| 18 | date of sale upon the giving of such additional notice as the
| ||||||
| 19 | Director deems adequate to inform prospective bidders of
such | ||||||
| 20 | change; provided, however, that all other conditions of the | ||||||
| 21 | sale shall
continue as originally advertised.
| ||||||
| 22 | Executed Bonds shall, upon payment therefor, be delivered | ||||||
| 23 | to the purchaser,
and the proceeds of Bonds shall be paid into | ||||||
| 24 | the State Treasury as directed by
Section 12 of this Act.
| ||||||
| 25 | (Source: P.A. 98-44, eff. 6-28-13.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 330/16) (from Ch. 127, par. 666)
| ||||||
| 2 | Sec. 16. Refunding Bonds. The State of Illinois is | ||||||
| 3 | authorized to issue,
sell, and provide for the retirement of | ||||||
| 4 | General Obligation Bonds of the State
of Illinois in the amount | ||||||
| 5 | of $4,839,025,000, at any time and
from time to time | ||||||
| 6 | outstanding, for the purpose of refunding
any State of Illinois | ||||||
| 7 | general obligation Bonds then outstanding, including
the | ||||||
| 8 | payment of any redemption premium thereon, any reasonable | ||||||
| 9 | expenses of
such refunding, any interest accrued or to accrue | ||||||
| 10 | to the earliest
or any subsequent date of redemption or | ||||||
| 11 | maturity of such outstanding
Bonds and any interest to accrue | ||||||
| 12 | to the first interest payment on the
refunding Bonds; provided | ||||||
| 13 | that all non-refunding Bonds in an issue that includes
| ||||||
| 14 | refunding Bonds shall mature no later
than the final maturity | ||||||
| 15 | date of Bonds being refunded; provided that no refunding Bonds | ||||||
| 16 | shall be offered for sale unless the net present value of debt | ||||||
| 17 | service savings to be achieved by the issuance of the refunding | ||||||
| 18 | Bonds is 3% or more of the principal amount of the refunding | ||||||
| 19 | Bonds to be issued; and further provided that, except for | ||||||
| 20 | refunding Bonds sold in fiscal year 2009, 2010, or 2011, or | ||||||
| 21 | 2017, the maturities of the refunding Bonds shall not extend | ||||||
| 22 | beyond the maturities of the Bonds they refund, so that for | ||||||
| 23 | each fiscal year in the maturity schedule of a particular issue | ||||||
| 24 | of refunding Bonds, the total amount of refunding principal | ||||||
| 25 | maturing and redemption amounts due in that fiscal year and all | ||||||
| 26 | prior fiscal years in that schedule shall be greater than or | ||||||
| |||||||
| |||||||
| 1 | equal to the total amount of refunded principal and redemption | ||||||
| 2 | amounts that had been due over that year and all prior fiscal | ||||||
| 3 | years prior to the refunding.
| ||||||
| 4 | The Governor shall notify the State Treasurer and
| ||||||
| 5 | Comptroller of such refunding. The proceeds received from the | ||||||
| 6 | sale
of refunding Bonds shall be used for the retirement at | ||||||
| 7 | maturity or
redemption of such outstanding Bonds on any | ||||||
| 8 | maturity or redemption date
and, pending such use, shall be | ||||||
| 9 | placed in escrow, subject to such terms and
conditions as shall | ||||||
| 10 | be provided for in the Bond Sale Order relating to the
| ||||||
| 11 | Refunding Bonds. Proceeds not needed for deposit in an escrow | ||||||
| 12 | account shall
be deposited in the General Obligation Bond | ||||||
| 13 | Retirement and Interest Fund.
This Act shall constitute an | ||||||
| 14 | irrevocable and continuing appropriation of all
amounts | ||||||
| 15 | necessary to establish an escrow account for the purpose of | ||||||
| 16 | refunding
outstanding general obligation Bonds and to pay the | ||||||
| 17 | reasonable expenses of such
refunding and of the issuance and | ||||||
| 18 | sale of the refunding Bonds. Any such
escrowed proceeds may be | ||||||
| 19 | invested and reinvested
in direct obligations of the United | ||||||
| 20 | States of America, maturing at such
time or times as shall be | ||||||
| 21 | appropriate to assure the
prompt payment, when due, of the | ||||||
| 22 | principal of and interest and redemption
premium, if any,
on | ||||||
| 23 | the refunded Bonds. After the terms of the escrow have been | ||||||
| 24 | fully
satisfied, any remaining balance of such proceeds and | ||||||
| 25 | interest, income and
profits earned or realized on the | ||||||
| 26 | investments thereof shall be paid into
the General Revenue | ||||||
| |||||||
| |||||||
| 1 | Fund. The liability of the State upon the Bonds shall
continue, | ||||||
| 2 | provided that the holders thereof shall thereafter be entitled | ||||||
| 3 | to
payment only out of the moneys deposited in the escrow | ||||||
| 4 | account.
| ||||||
| 5 | Except as otherwise herein provided in this Section, such | ||||||
| 6 | refunding Bonds
shall in all other respects be subject to the | ||||||
| 7 | terms and conditions of this Act.
| ||||||
| 8 | (Source: P.A. 96-18, eff. 6-26-09.)
| ||||||
| 9 | Section 25-10. The Build Illinois Bond Act is amended by | ||||||
| 10 | changing Sections 6, 8, and 15 as follows:
| ||||||
| 11 | (30 ILCS 425/6) (from Ch. 127, par. 2806)
| ||||||
| 12 | Sec. 6. Conditions for Issuance and Sale of Bonds - | ||||||
| 13 | Requirements for
Bonds - Master and Supplemental Indentures - | ||||||
| 14 | Credit and Liquidity
Enhancement. | ||||||
| 15 | (a) Bonds shall be issued and sold from time to time, in | ||||||
| 16 | one
or more series, in such amounts and at such prices as | ||||||
| 17 | directed by the
Governor, upon recommendation by the Director | ||||||
| 18 | of the
Governor's Office of Management and Budget.
Bonds shall | ||||||
| 19 | be payable only from the specific sources and secured in the
| ||||||
| 20 | manner provided in this Act. Bonds shall be in such form, in | ||||||
| 21 | such
denominations, mature on such dates within 25 years from | ||||||
| 22 | their date of
issuance, be subject to optional or mandatory | ||||||
| 23 | redemption, bear interest
payable at such times and at such | ||||||
| 24 | rate or rates, fixed or variable, and be
dated as shall be | ||||||
| |||||||
| |||||||
| 1 | fixed and determined by the Director of the
Governor's Office | ||||||
| 2 | of Management and Budget
in an order authorizing the
issuance | ||||||
| 3 | and sale of any series of
Bonds, which order shall be approved | ||||||
| 4 | by the Governor and is herein called a
"Bond Sale Order"; | ||||||
| 5 | provided, however, that interest payable at fixed rates
shall | ||||||
| 6 | not exceed that permitted in "An Act to authorize public | ||||||
| 7 | corporations
to issue bonds, other evidences of indebtedness | ||||||
| 8 | and tax anticipation
warrants subject to interest rate | ||||||
| 9 | limitations set forth therein", approved
May 26, 1970, as now | ||||||
| 10 | or hereafter amended, and interest payable at variable
rates | ||||||
| 11 | shall not exceed the maximum rate permitted in the Bond Sale | ||||||
| 12 | Order.
Said Bonds shall be payable at such place or places, | ||||||
| 13 | within or without the
State of Illinois,
and may be made | ||||||
| 14 | registrable
as to either principal only or as to both principal | ||||||
| 15 | and interest, as shall
be specified in the Bond Sale
Order. | ||||||
| 16 | Bonds may be callable or subject to purchase and retirement or
| ||||||
| 17 | remarketing as fixed and determined in the Bond Sale Order. | ||||||
| 18 | Bonds (i) except for refunding Bonds satisfying the | ||||||
| 19 | requirements of Section 15 of this Act and sold during fiscal | ||||||
| 20 | year 2009, 2010, or 2011, or 2017, must be issued with | ||||||
| 21 | principal or mandatory redemption amounts in equal amounts, | ||||||
| 22 | with the first maturity issued occurring within the fiscal year | ||||||
| 23 | in which the Bonds are issued or within the next succeeding | ||||||
| 24 | fiscal year and (ii) must mature or be subject to mandatory | ||||||
| 25 | redemption each fiscal year thereafter up to 25 years, except | ||||||
| 26 | for refunding Bonds satisfying the requirements of Section 15 | ||||||
| |||||||
| |||||||
| 1 | 16 of this Act and sold during fiscal year 2009, 2010, or 2011 | ||||||
| 2 | which must mature or be subject to mandatory redemption each | ||||||
| 3 | fiscal year thereafter up to 16 years.
| ||||||
| 4 | All Bonds authorized under this Act shall be issued | ||||||
| 5 | pursuant
to a master trust indenture ("Master Indenture") | ||||||
| 6 | executed and delivered on
behalf of the State by the Director | ||||||
| 7 | of the
Governor's Office of Management and Budget, such
Master | ||||||
| 8 | Indenture to be in substantially the form approved in the Bond | ||||||
| 9 | Sale
Order authorizing the issuance and sale of the initial | ||||||
| 10 | series of Bonds
issued under this Act. Such initial series of | ||||||
| 11 | Bonds may, and each
subsequent series of Bonds shall, also be | ||||||
| 12 | issued pursuant to a supplemental
trust indenture | ||||||
| 13 | ("Supplemental Indenture") executed and delivered on behalf
of | ||||||
| 14 | the State by the Director of the
Governor's Office of | ||||||
| 15 | Management and Budget, each such
Supplemental
Indenture to be | ||||||
| 16 | in substantially the form approved in the Bond Sale Order
| ||||||
| 17 | relating to such series. The Master Indenture and any | ||||||
| 18 | Supplemental
Indenture shall be entered into with a bank or | ||||||
| 19 | trust company in the State
of Illinois having trust powers and | ||||||
| 20 | possessing capital and surplus of not
less than $100,000,000. | ||||||
| 21 | Such indentures shall set forth the terms and
conditions of the | ||||||
| 22 | Bonds and provide for payment of and security for the
Bonds, | ||||||
| 23 | including the establishment and maintenance of debt service and
| ||||||
| 24 | reserve funds, and for other protections for holders of the | ||||||
| 25 | Bonds.
The term "reserve funds" as used in this Act shall | ||||||
| 26 | include funds and
accounts established under indentures to | ||||||
| |||||||
| |||||||
| 1 | provide for the payment of
principal of and premium and | ||||||
| 2 | interest on Bonds, to provide for the purchase,
retirement or | ||||||
| 3 | defeasance of Bonds, to provide for fees of
trustees, | ||||||
| 4 | registrars, paying agents and other fiduciaries and to provide
| ||||||
| 5 | for payment of costs of and debt service payable in respect of | ||||||
| 6 | credit or
liquidity enhancement arrangements, interest rate | ||||||
| 7 | swaps or guarantees or
financial futures contracts and
indexing | ||||||
| 8 | and remarketing agents' services.
| ||||||
| 9 | In the case of any series of Bonds bearing interest at a | ||||||
| 10 | variable
interest rate ("Variable Rate Bonds"), in lieu of | ||||||
| 11 | determining the rate or
rates at which such series of Variable | ||||||
| 12 | Rate Bonds shall bear interest and
the price or prices
at which | ||||||
| 13 | such Variable Rate Bonds shall be initially sold or remarketed | ||||||
| 14 | (in
the event of purchase and subsequent resale), the Bond
Sale | ||||||
| 15 | Order may provide that such interest rates and prices may vary | ||||||
| 16 | from time to time
depending on criteria established in such | ||||||
| 17 | Bond Sale Order, which criteria
may include, without | ||||||
| 18 | limitation, references to indices or variations in
interest | ||||||
| 19 | rates as may, in the judgment of a remarketing agent, be
| ||||||
| 20 | necessary to cause Bonds of such series to be remarketable from | ||||||
| 21 | time to
time at a price equal to their principal amount (or | ||||||
| 22 | compound accreted
value in the case of original issue discount | ||||||
| 23 | Bonds), and may provide for
appointment of indexing agents and | ||||||
| 24 | a bank, trust company,
investment bank or other financial | ||||||
| 25 | institution to serve as remarketing
agent in that connection. | ||||||
| 26 | The Bond Sale Order may provide that alternative
interest rates | ||||||
| |||||||
| |||||||
| 1 | or provisions for establishing alternative interest rates,
| ||||||
| 2 | different security or claim priorities or different call or | ||||||
| 3 | amortization provisions
will apply during such times as Bonds | ||||||
| 4 | of any series are held by a person
providing credit or | ||||||
| 5 | liquidity enhancement arrangements for such Bonds as
| ||||||
| 6 | authorized in subsection (b) of Section 6 of this Act.
| ||||||
| 7 | (b) In connection with the issuance of any series of Bonds, | ||||||
| 8 | the State
may enter into arrangements to provide additional | ||||||
| 9 | security and liquidity
for such Bonds, including, without | ||||||
| 10 | limitation, bond or interest rate
insurance or letters of | ||||||
| 11 | credit, lines of credit, bond purchase contracts or
other | ||||||
| 12 | arrangements whereby funds are made
available to retire or | ||||||
| 13 | purchase Bonds, thereby assuring the ability of
owners of the | ||||||
| 14 | Bonds to sell or redeem their Bonds.
The State may enter into | ||||||
| 15 | contracts and may agree to pay fees to persons
providing such | ||||||
| 16 | arrangements, but only under circumstances where the
Director | ||||||
| 17 | of the Bureau of the Budget
(now Governor's Office of | ||||||
| 18 | Management and Budget)
certifies that he reasonably expects
the | ||||||
| 19 | total interest paid or to be paid on the Bonds, together with | ||||||
| 20 | the fees
for the arrangements (being treated as if interest), | ||||||
| 21 | would not, taken
together, cause the Bonds to bear interest, | ||||||
| 22 | calculated to their stated
maturity, at a rate in excess of the | ||||||
| 23 | rate which the Bonds would bear in the
absence of such | ||||||
| 24 | arrangements. Any bonds, notes or other evidences of
| ||||||
| 25 | indebtedness issued pursuant to any such arrangements for the | ||||||
| 26 | purpose of
retiring and discharging outstanding Bonds
shall | ||||||
| |||||||
| |||||||
| 1 | constitute refunding Bonds
under Section 15 of this Act. The | ||||||
| 2 | State may participate in and enter
into arrangements with | ||||||
| 3 | respect to interest rate swaps or guarantees or
financial | ||||||
| 4 | futures contracts for the
purpose of limiting or restricting | ||||||
| 5 | interest rate risk; provided
that such arrangements shall be | ||||||
| 6 | made with or executed through banks
having capital and surplus | ||||||
| 7 | of not less than $100,000,000 or insurance
companies holding | ||||||
| 8 | the
highest policyholder rating accorded insurers by A.M. Best & | ||||||
| 9 | Co. or any
comparable rating service or government bond | ||||||
| 10 | dealers reporting to, trading
with, and recognized as primary | ||||||
| 11 | dealers by a Federal Reserve Bank and
having capital and | ||||||
| 12 | surplus of not less than $100,000,000,
or other persons whose
| ||||||
| 13 | debt securities are rated in the highest long-term categories | ||||||
| 14 | by both
Moody's Investors' Services, Inc. and Standard & Poor's | ||||||
| 15 | Corporation.
Agreements incorporating any of the foregoing | ||||||
| 16 | arrangements may be executed
and delivered by the Director of | ||||||
| 17 | the
Governor's Office of Management and Budget on behalf of the
| ||||||
| 18 | State in substantially the form approved in the Bond Sale Order | ||||||
| 19 | relating to
such Bonds.
| ||||||
| 20 | (c) "Build America Bonds" in this Section means Bonds | ||||||
| 21 | authorized by Section 54AA of the Internal Revenue Code of | ||||||
| 22 | 1986, as amended ("Internal Revenue Code"), and bonds issued | ||||||
| 23 | from time to time to refund or continue to refund "Build | ||||||
| 24 | America Bonds". | ||||||
| 25 | (Source: P.A. 96-18, eff. 6-26-09; 96-828, eff. 12-2-09.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 425/8) (from Ch. 127, par. 2808)
| ||||||
| 2 | Sec. 8. Sale of Bonds. Bonds, except as otherwise provided | ||||||
| 3 | in this Section, shall be sold from time to time pursuant to
| ||||||
| 4 | notice of sale and public bid or by negotiated sale in such | ||||||
| 5 | amounts and at such
times as are directed by the Governor, upon | ||||||
| 6 | recommendation by the Director of
the Governor's Office of | ||||||
| 7 | Management and Budget. At least 25%, based on total principal | ||||||
| 8 | amount, of all Bonds issued each fiscal year shall be sold | ||||||
| 9 | pursuant to notice of sale and public bid. At all times during | ||||||
| 10 | each fiscal year, no more than 75%, based on total principal | ||||||
| 11 | amount, of the Bonds issued each fiscal year shall have been | ||||||
| 12 | sold by negotiated sale. Failure to satisfy the requirements in | ||||||
| 13 | the preceding 2 sentences shall not affect the validity of any | ||||||
| 14 | previously issued Bonds; and further provided that refunding | ||||||
| 15 | Bonds satisfying the requirements of Section 15 of this Act and | ||||||
| 16 | sold during fiscal year 2009, 2010, or 2011, or 2017 shall not | ||||||
| 17 | be subject to the requirements in the preceding 2 sentences. | ||||||
| 18 | If any Bonds are to be sold pursuant to notice of sale and | ||||||
| 19 | public bid, the Director of the
Governor's Office of Management | ||||||
| 20 | and Budget shall comply with the
competitive request for | ||||||
| 21 | proposal process set forth in the Illinois
Procurement Code and | ||||||
| 22 | all other applicable requirements of that Code. | ||||||
| 23 | If Bonds are to be sold pursuant to notice of sale and | ||||||
| 24 | public bid, the
Director of the
Governor's Office of Management | ||||||
| 25 | and Budget may, from time to time, as Bonds are to be sold, | ||||||
| 26 | advertise
the sale of the Bonds in at least 2 daily newspapers, | ||||||
| |||||||
| |||||||
| 1 | one of which is
published in the City of Springfield and one in | ||||||
| 2 | the City of Chicago. The sale
of the Bonds shall also be
| ||||||
| 3 | advertised in the volume of the Illinois Procurement Bulletin | ||||||
| 4 | that is
published by the Department of Central Management | ||||||
| 5 | Services, and shall be published once at least 10 days prior to | ||||||
| 6 | the date fixed
for the opening of the bids. The Director of the
| ||||||
| 7 | Governor's Office of Management and Budget may
reschedule the | ||||||
| 8 | date of sale upon the giving of such additional notice as the
| ||||||
| 9 | Director deems adequate to inform prospective bidders of
the | ||||||
| 10 | change; provided, however, that all other conditions of the | ||||||
| 11 | sale shall
continue as originally advertised.
Executed Bonds | ||||||
| 12 | shall, upon payment
therefor, be delivered to the purchaser, | ||||||
| 13 | and the proceeds of Bonds shall be
paid into the State Treasury | ||||||
| 14 | as
directed by Section 9 of this Act.
The
Governor or the | ||||||
| 15 | Director of the
Governor's Office of Management and Budget is | ||||||
| 16 | hereby authorized
and directed to execute and
deliver contracts | ||||||
| 17 | of sale with underwriters and to execute and deliver such
| ||||||
| 18 | certificates, indentures, agreements and documents, including | ||||||
| 19 | any
supplements or amendments thereto, and to take such actions | ||||||
| 20 | and do such
things as shall be necessary or desirable to carry | ||||||
| 21 | out the purposes of this
Act.
Any action authorized or | ||||||
| 22 | permitted to be taken by the Director of the
Governor's Office | ||||||
| 23 | of Management and Budget
pursuant to this Act is hereby | ||||||
| 24 | authorized to be taken
by any person specifically designated by | ||||||
| 25 | the Governor to take such action
in a certificate signed by the | ||||||
| 26 | Governor and filed with the Secretary of State.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-44, eff. 6-28-13.)
| ||||||
| 2 | (30 ILCS 425/15) (from Ch. 127, par. 2815)
| ||||||
| 3 | Sec. 15. Refunding Bonds. Refunding Bonds are hereby | ||||||
| 4 | authorized for
the purpose of refunding any outstanding Bonds, | ||||||
| 5 | including the payment of
any redemption premium thereon, any | ||||||
| 6 | reasonable expenses of such refunding,
and any interest accrued | ||||||
| 7 | or to accrue to the earliest or any subsequent
date of | ||||||
| 8 | redemption or maturity of outstanding Bonds; provided that all | ||||||
| 9 | non-refunding Bonds in an issue that includes
refunding Bonds | ||||||
| 10 | shall mature no later than the final maturity date of Bonds
| ||||||
| 11 | being refunded; provided that no refunding Bonds shall be | ||||||
| 12 | offered for sale unless the net present value of debt service | ||||||
| 13 | savings to be achieved by the issuance of the refunding Bonds | ||||||
| 14 | is 3% or more of the principal amount of the refunding Bonds to | ||||||
| 15 | be issued; and further provided that, except for refunding | ||||||
| 16 | Bonds sold in fiscal year 2009, 2010, or 2011, or 2017, the | ||||||
| 17 | maturities of the refunding Bonds shall not extend beyond the | ||||||
| 18 | maturities of the Bonds they refund, so that for each fiscal | ||||||
| 19 | year in the maturity schedule of a particular issue of | ||||||
| 20 | refunding Bonds, the total amount of refunding principal | ||||||
| 21 | maturing and redemption amounts due in that fiscal year and all | ||||||
| 22 | prior fiscal years in that schedule shall be greater than or | ||||||
| 23 | equal to the total amount of refunded principal and redemption | ||||||
| 24 | amounts that had been due over that year and all prior fiscal | ||||||
| 25 | years prior to the refunding.
| ||||||
| |||||||
| |||||||
| 1 | Refunding Bonds may be sold in such amounts and at such | ||||||
| 2 | times, as
directed by the Governor upon
recommendation by the | ||||||
| 3 | Director of the
Governor's Office of Management and Budget. The | ||||||
| 4 | Governor
shall notify the State Treasurer and
Comptroller of | ||||||
| 5 | such refunding. The proceeds received from the sale of
| ||||||
| 6 | refunding Bonds shall be used
for the retirement at maturity or | ||||||
| 7 | redemption of such outstanding Bonds on
any maturity or | ||||||
| 8 | redemption date and, pending such use, shall be placed in
| ||||||
| 9 | escrow, subject to such terms and conditions as shall be | ||||||
| 10 | provided for in
the Bond Sale Order relating to the refunding | ||||||
| 11 | Bonds. This Act shall
constitute an irrevocable and continuing
| ||||||
| 12 | appropriation of all amounts necessary to establish an escrow | ||||||
| 13 | account for
the purpose of refunding outstanding Bonds and to | ||||||
| 14 | pay the reasonable
expenses of such refunding and of the | ||||||
| 15 | issuance and sale of the refunding
Bonds. Any such escrowed | ||||||
| 16 | proceeds may be invested and
reinvested in direct obligations | ||||||
| 17 | of the United States of America, maturing
at such time or times | ||||||
| 18 | as shall be appropriate to assure the prompt payment,
when due,
| ||||||
| 19 | of the principal of and interest and redemption premium, if | ||||||
| 20 | any, on the
refunded Bonds. After the terms of the escrow have | ||||||
| 21 | been fully satisfied,
any remaining balance of such proceeds | ||||||
| 22 | and interest, income and profits
earned or realized on the | ||||||
| 23 | investments thereof shall be paid into the
General Revenue | ||||||
| 24 | Fund. The liability of the State upon the refunded Bonds
shall | ||||||
| 25 | continue, provided that the holders thereof shall thereafter be
| ||||||
| 26 | entitled to payment only out of the moneys deposited in the | ||||||
| |||||||
| |||||||
| 1 | escrow account
and the refunded Bonds shall be deemed paid, | ||||||
| 2 | discharged and no longer to be
outstanding.
| ||||||
| 3 | Except as otherwise herein provided in this Section, such | ||||||
| 4 | refunding Bonds
shall in all other respects be issued pursuant | ||||||
| 5 | to and subject to the terms
and conditions of this Act and | ||||||
| 6 | shall be secured by and payable from only the
funds and sources | ||||||
| 7 | which are provided under this Act.
| ||||||
| 8 | (Source: P.A. 96-18, eff. 6-26-09.)
| ||||||
| 9 | ARTICLE 35. CAPITAL DEVELOPMENT BOARD REVOLVING FUND | ||||||
| 10 | Section 35-5. The State Finance Act is amended by changing | ||||||
| 11 | Sections 5.857 and 6z-100 as follows:
| ||||||
| 12 | (30 ILCS 105/5.857) | ||||||
| 13 | (Section scheduled to be repealed on July 1, 2016) | ||||||
| 14 | Sec. 5.857. The Capital Development Board Revolving Fund. | ||||||
| 15 | This Section is repealed July 1, 2017 2016.
| ||||||
| 16 | (Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15.)
| ||||||
| 17 | (30 ILCS 105/6z-100) | ||||||
| 18 | (Section scheduled to be repealed on July 1, 2016) | ||||||
| 19 | Sec. 6z-100. Capital Development Board Revolving Fund; | ||||||
| 20 | payments into and use. All monies received by the Capital | ||||||
| 21 | Development Board for publications or copies issued by the | ||||||
| 22 | Board, and all monies received for contract administration | ||||||
| |||||||
| |||||||
| 1 | fees, charges, or reimbursements owing to the Board shall be | ||||||
| 2 | deposited into a special fund known as the Capital Development | ||||||
| 3 | Board Revolving Fund, which is hereby created in the State | ||||||
| 4 | treasury. The monies in this Fund shall be used by the Capital | ||||||
| 5 | Development Board, as appropriated, for expenditures for | ||||||
| 6 | personal services, retirement, social security, contractual | ||||||
| 7 | services, legal services, travel, commodities, printing, | ||||||
| 8 | equipment, electronic data processing, or telecommunications. | ||||||
| 9 | Unexpended moneys in the Fund shall not be transferred or | ||||||
| 10 | allocated by the Comptroller or Treasurer to any other fund, | ||||||
| 11 | nor shall the Governor authorize the transfer or allocation of | ||||||
| 12 | those moneys to any other fund. This Section is repealed July | ||||||
| 13 | 1, 2017 2016.
| ||||||
| 14 | (Source: P.A. 98-674, eff. 6-30-14.)
| ||||||
| 15 | Section 35-10. The Capital Development Board Act is amended | ||||||
| 16 | by changing Section 9.02a and adding Section 9.02c as follows:
| ||||||
| 17 | (20 ILCS 3105/9.02a) (from Ch. 127, par. 779.02a)
| ||||||
| 18 | (This Section is scheduled to be repealed on June 30, 2016)
| ||||||
| 19 | Sec. 9.02a. To charge contract administration
fees used to | ||||||
| 20 | administer and process the terms of contracts awarded by this
| ||||||
| 21 | State. Contract administration fees shall not exceed
3% of the | ||||||
| 22 | contract amount. Contract administration fees used to | ||||||
| 23 | administer contracts associated with the legislative complex, | ||||||
| 24 | as defined in Section 8A-15 of the Legislative Commission | ||||||
| |||||||
| |||||||
| 1 | Reorganization Act of 1984, shall be deposited into the Capitol | ||||||
| 2 | Restoration Trust Fund for the use of the Architect of the | ||||||
| 3 | Capitol in the performance of his or her powers or duties. This | ||||||
| 4 | Section is repealed June 30, 2016.
| ||||||
| 5 | (Source: P.A. 97-786, eff. 7-13-12; 97-1162, eff. 2-4-13.)
| ||||||
| 6 | (20 ILCS 3105/9.02c new) | ||||||
| 7 | Sec. 9.02c. Continuation of Section 9.02a; validation. | ||||||
| 8 | (a) The General Assembly finds and declares that: | ||||||
| 9 | (1) The Statute on Statutes sets forth general rules on
| ||||||
| 10 | the repeal of statutes and the construction of multiple
| ||||||
| 11 | amendments, but Section 1 of that Act also states that
| ||||||
| 12 | these rules will not be observed when the result would be
| ||||||
| 13 | "inconsistent with the manifest intent of the General
| ||||||
| 14 | Assembly or repugnant to the context of the statute". | ||||||
| 15 | (2) This amendatory Act of the 99th General Assembly
| ||||||
| 16 | manifests the intention of the General Assembly to | ||||||
| 17 | eliminate
the internal repeal of Section 9.02a of the | ||||||
| 18 | Capital Development Board Act and have Section 9.02a of the | ||||||
| 19 | Capital Development Board Act
continue in effect. | ||||||
| 20 | (3) Section 9.02a of the Capital Development Board Act | ||||||
| 21 | was
originally enacted to protect, promote, and preserve | ||||||
| 22 | the
general welfare. Any construction of this Act that | ||||||
| 23 | results
in the repeal of this Act on June 30, 2016 would be
| ||||||
| 24 | inconsistent with the manifest intent of the General
| ||||||
| 25 | Assembly and repugnant to the context of the Capital | ||||||
| |||||||
| |||||||
| 1 | Development Board Act. | ||||||
| 2 | (b) It is hereby declared to have been the intent of the
| ||||||
| 3 | General Assembly that Section 9.02a of the Capital Development | ||||||
| 4 | Board Act not be subject to repeal on June 30, 2016. | ||||||
| 5 | (c) Section 9.02a of the Capital Development Board Act | ||||||
| 6 | shall be
deemed to have been in continuous effect since June | ||||||
| 7 | 30, 1988
(the effective date of Public Act 85-1026), and it | ||||||
| 8 | shall
continue to be in effect henceforward until it is | ||||||
| 9 | otherwise
lawfully repealed. All previously enacted amendments | ||||||
| 10 | to the Act
taking effect on or after June 30, 2016 are hereby
| ||||||
| 11 | validated. | ||||||
| 12 | (d) All actions taken in reliance on or pursuant to Section | ||||||
| 13 | 9.02a of the Capital Development Board by the Capital | ||||||
| 14 | Development Board
or any other person or entity are hereby | ||||||
| 15 | validated. | ||||||
| 16 | (e) To ensure the continuing effectiveness of Section 9.02a | ||||||
| 17 | of the Capital Development Board Act, it is set forth in
full | ||||||
| 18 | and re-enacted by this amendatory Act of the 99th General
| ||||||
| 19 | Assembly. This re-enactment is intended as a continuation of
| ||||||
| 20 | the Act. It is not intended to supersede any amendment to the
| ||||||
| 21 | Act that is enacted by the 99th General Assembly. | ||||||
| 22 | (f) Section 9.02a of the Capital Development Board Act | ||||||
| 23 | applies
to all claims, civil actions, and proceedings pending | ||||||
| 24 | on or
filed on or before the effective date of this amendatory | ||||||
| 25 | Act of the 99th General Assembly.
| ||||||
| |||||||
| |||||||
| 1 | ARTICLE 95. SEVERABILITY | ||||||
| 2 | Section 95-95. Severability. The provisions of this Act are | ||||||
| 3 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
| 4 | ARTICLE 99. EFFECTIVE DATE | ||||||
| 5 | Section 99-99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.".
| ||||||